beta
(영문) 서울중앙지방법원 2021.02.17 2020나43922

손해배상(산)

Text

Defendant B, in the judgment of the court of first instance, exceeding the following amount ordered to be paid among the parts against Defendant B corporation.

Reasons

1. The grounds for this part of the court’s claim for damages are as follows: “F” No. 14 of the judgment of the court of first instance is dismissed as “R”; and “the occurrence of liability for damages 1.” of the judgment of the court of first instance is “the occurrence of liability for damages 1.”

In addition to the limitation on liability as follows, the corresponding part of the judgment of the court of first instance is identical to the description of the occurrence of liability for damages (1. The occurrence of liability for damages is identical to that of the judgment of the court of first instance. As such, it is cited by the main sentence of Article 420 of

(c)

Restrictions on liability, however, the plaintiff neglected his/her duty of care to promote his/her safety, such as failing to walk within the work section, while neglecting his/her duty of care to ensure his/her own safety, in cases of loading and unloading of vehicles, etc. at the construction site, and the plaintiff's negligence was caused by the occurrence and expansion of the damage caused by the disaster in this case.

Therefore, the defendants' liability is limited to 80% by taking into account all the circumstances.

2. Except as otherwise stated below within the scope of the liability for damages, it shall be the same as the corresponding item in the list of calculating the amount of damages, and in principle, the period of convenience shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current value calculation at the time of the accident shall be governed by the fractional discount law that deducts the interim interest at the rate of 5/12 per month.

In addition, it is the purport of rejecting the claims of the parties, which are not stated separately.

[Reasons for Recognition] In the absence of dispute, Gap evidence Nos. 2, 7, 14 through 16, Eul evidence Nos. 4, Eul evidence Nos. 2 and 3, Eul evidence Nos. 2 and 3 (including the number; hereinafter the same shall apply), Eul's M hospital head of the first instance court, and N hospital head's physical appraisal commission result and inquiry result, the purport of this court's whole pleadings, and the purport of the whole pleadings

(a) Personal information 1): A list of damages calculated in [Attachment].