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(영문) 전주지방법원군산지원 2016.10.25 2014가단52587

손해배상(기)

Text

1. The Defendants jointly share KRW 12,509,355 with the Plaintiff and KRW 5% per annum from October 14, 2013 to October 25, 2016.

Reasons

Basic Facts

Defendant Lindoz Co., Ltd. (hereinafter referred to as “Defendant Company”) is a company engaged in automobile repair and maintenance business in Seongdong-gu, Seoul, and Defendant B is an employee working for the Defendant Company.

On October 14, 2013, the Plaintiff left the Defendant Company with the repair and maintenance of the clurbr dracker passenger car owned by it (hereinafter “instant passenger car”).

In order to repair and maintain the instant car, Defendant B put the instant car on a premium rate and applied the said premium rate to approximately KRW 137 cm from the ground.

The Plaintiff, as seen above, was going on the top of the set and removed the defects of the instant passenger vehicle before the set-off of the set-off. However, the Plaintiff lost the center from the set-up set-off and fell into the concrete floor.

(hereinafter “the instant accident”). The Plaintiff suffered injury, such as the pressure frame No. 1 during the instant accident, due to the instant accident.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the result of this court’s verification, the occurrence of the defendants’ liability for damages against the plaintiff as to the grounds for the claim of the entire pleadings, and the comparative negligence set-off rate of damages against the plaintiff as to the grounds for the claim of the entire pleadings, are obligated to ask the plaintiff as to whether there is a person above the set, and to pay attention to getting off the set if there is a person listed in the set-off, and to urge the plaintiff as to getting up the set-off from the set-off in the presence of the person.

However, even based on the facts acknowledged by Defendant B, Defendant B, without going through the above process, was presumed to have no person on the back of the set, set off the set from the ground, and then laid down the Plaintiff on the set.