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(영문) 서울중앙지방법원 2016.06.01 2015가단5298067

손해배상(기)

Text

1. The Defendants jointly share KRW 2,543,700 with respect to the Plaintiff and KRW 5% per annum from September 16, 2015 to June 1, 2016.

Reasons

1. Facts of recognition;

A. From March 2014, the Plaintiff, who is the representative of the National Agency Association of Defendant B Co., Ltd. (hereinafter “Defendant Company”), was conducting an assembly and demonstration in the vicinity of the office house of the Defendant Co., Ltd. located in Dongjak-gu Seoul, Seoul, on April 11, 2014, around 08:00, the Plaintiff was holding the string of the strings on the top of the sculpture set up in front of the above strings.

During that period, Defendant C and D demanded that the Plaintiff, who is an employee of the general team of Defendant C and D, “if there was a report of assembly for the purpose of a non-smoking campaign, it is another place, and thus, the Plaintiff refused to move to another place.”

As such, Defendant C and D attempted to move to another place on the ground that the Plaintiff was able to take two of the strokes which the Plaintiff is under their command.

However, the strokes did not change the plaintiff's weight and the plaintiff fell into the floor.

As a result, the plaintiff suffered injuries, such as Maek-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne-kne

(hereinafter “instant accident”). (b)

Defendant C and D received a summary order of KRW 700,000,000 from each fine on March 9, 2015 due to the above injury resulting from negligence, and such summary order became final and conclusive as is.

[Ground of recognition] The fact that there is no dispute, Gap's 1 through 4, 7, Eul's 1 and 2 (including additional numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, Defendant C and D suffered injury in the course of forced movement of the Plaintiff to the Plaintiff.

As such, Defendant C and D are liable to compensate the Plaintiff for the damages caused by the instant accident pursuant to Article 750 of the Civil Act.

B. Meanwhile, the aforementioned adopted evidence and the circumstances leading up to the instant accident known in the above recognition, namely, Defendant C and D, as an employee of the general affairs team of the Defendant Company, conducted one person’s demonstration before the Defendant Company’s symbol, and the Defendant Company convened a non-smoking campaign at its place.

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