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(영문) 서울중앙지방법원 2016.12.14 2016나55072

손해배상(기)

Text

1. Of the judgment of the first instance court, KRW 19,554,394 against the Plaintiff and the Plaintiff’s incidental thereto on May 6, 2014. < Amended by Act No. 14225, Dec. 14, 2016>

Reasons

1. The court's explanation on this part of the facts of recognition is the same as the corresponding part of the judgment of the court of first instance, and thus, citing this as it is in accordance with the main sentence of Article 420 of the Civil Procedure

2. Determination

A. According to the above facts finding that the plaintiff's liability for damages was established, two employees of the plaintiff were negligent in not taking appropriate measures such as preventing the plaintiff from wearing a scarf and using two employees, and the accident of this case occurred by negligence of the non-party company, even though the non-party company voluntarily posted a warning that "the prohibition of wearing a scarf, scarf, and scarfs" at the bottom of the use fee table, because the use of sag or scarfs is likely to occur when sag or scarfs are worn with a scarf.

Therefore, the defendant is liable for damages sustained by the plaintiff due to the accident of this case according to the insurance contract of this case.

B. In light of the following circumstances revealed by the foregoing evidence, it is reasonable to limit the liability of the non-party company to 70%, taking into account the following circumstances as revealed by the foregoing evidence: (a) although the Plaintiff was prohibited from wearing the scarf, scarf, scarf, and clothes, the Plaintiff used two scarf while wearing the scarf; and (b) the principle of fair burden of damages.

C. In the absence of dispute over the scope of compensation for damages (excluding the part without any separate explanation among the parties' arguments), the entries in Gap evidence 6 to 12 (including the paper numbers), and the result of the commission of physical examinations to the chief of the Korea Forest University Hospital at the court of first instance, according to the overall purport of the arguments, the current provisional calculation, which is recognized as follows, is a simple method that deducts interim interest at the rate of 5/12 per month.