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(영문) 서울북부지방법원 2016.04.29 2015가단104326

손해배상(기)

Text

1. The Defendant’s KRW 10,405,717 with respect to the Plaintiff and KRW 5% per annum from December 1, 2013 to April 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. In full view of the statements in Gap's evidence Nos. 1, 5, 7, and 10 and the overall purport of the plaintiff's personal examination results and arguments, the plaintiff is deemed to have suffered pictures from Drackna in Jung-gu Seoul Metropolitan Government operated by the defendant at around 17:40 on December 1, 2013, when the plaintiff entered the hot ground, and entered the hot water in Gap's own hot water pipe, and suffered pictures from the upper right part, etc. (hereinafter "the accident of this case").

2) The Defendant asserts that the Plaintiff did not suffer pictures from a bath operated by the Defendant, on the grounds that the Defendant is liable for compensating the Plaintiff for damages caused by the instant accident.

However, the defendant has frequently used the above bath since 8-9 years prior to the occurrence of the accident in this case, and there was no accident prior to that time, and the plaintiff seems to have suffered pictures from the parts sold and sold in the process of avoiding it, and the plaintiff does not seem to have purchased any insurance related to the injury prior to the accident in this case, taking into account all the circumstances such as the situation of the accident in this case and the situation after the accident in this case, it appears that the plaintiff suffered pictures from the accident in this case, and therefore, the defendant's assertion is without merit.

B. Limit of liability, however, the Plaintiff is also negligent in neglecting the duty of care, such as the distance from the hot water source in preparation for the accident, and such negligence appears to have caused the expansion of the damages of this case. Therefore, the Defendant’s liability is limited to 70% in consideration of this.

2. Scope of liability for damages

(a) Personal information 1): Monthly wage of KRW 1,300,000: From December 1, 2013 to December 19, 2013: 4) calculated: 823,333 won (1,30,000 x 19/30, 19/300; hereinafter the same shall apply).