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(영문) 서울동부지방법원 2018.08.08 2017나24238

손해배상(산)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning for this part of the claim for damages is that the part on the third side of the judgment of the court of first instance (hereinafter “Restrictions on Liability”) is the same as that on the corresponding part of the judgment of the court of first instance, and thus, this part is cited in accordance with the main sentence of Article 420 of the Civil Procedure Act. The part on the claim of the plaintiff is as follows: (a) The plaintiff, despite being skilled in a signboard-related business for at least 10 years, did not wear protective equipment, such as a safety appearance, while going on the bridge while failing to wear a safety appearance; and (b) was negligent in carrying out the work on the bridge without requesting to build the leg or waiting until the arrival of the leg. Since such negligence of the plaintiff was caused by the occurrence of the accident of this case and the expansion of damage, the ratio of the plaintiff’s negligence shall be 30% and the defendant’s liability shall be limited to 70%.

2.Except as otherwise stated below within the scope of the liability for damages, the following items shall be charged monthly, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded:

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

In addition, it is rejected that the parties' arguments are not stated separately.

[Reasons for Recognition] The facts without dispute; Gap evidence Nos. 6, 8, 10, 11, 13, 20; Eul evidence Nos. 1 (including each number; hereinafter the same shall apply); the result of the first instance court’s commission of each physical examination to the head of the relevant Sincheon University Seoul Hospital and the head of the relevant Sinhee University Hospital; the purport of this court’s significant facts, experience, and whole oral argument

A. Personal information 1) Personal information: (a) Case No. 2017Na24238 case number is indicated as follows; (b) Case No. 2017Na24238 case number is 46 years of birth E on 3th day of month when the accident occurred between the age of 33 and 13.