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(영문) 수원지방법원 안산지원 2018.11.28 2016가단75213

손해배상(기)

Text

1. The Defendant’s KRW 17,886,587 with respect to the Plaintiff and KRW 5% per annum from January 22, 2015 to November 28, 2018.

Reasons

1. Grounds for finding the existence of liability for damages: The defendant suffered injury by the defendant, who had been in the shape close to the direct strength of ski from the same ski in the same ski from the ski on the ground of the fact that there is no dispute, the entries in Gap 1 and 2, the purport of the whole pleadings, and the purport of the whole pleadings, around January 22, 2015, the defendant, around 21:30, 2015, was faced with the defendant who was in the shape close to the ski from the ski on the ground of the ski from the ski on the ground of the ski on the ground of the ski.

The defendant is liable to compensate for the plaintiff's damage because he neglected his duty of care to safely ski while maintaining an appropriate speed in preparation for the case where a person or an obstacle exists on the front side while getting a ski from a person with a higher level of technology.

The limitation of liability: The plaintiff was a person with higher level of technology and was in full progress, so it is difficult to find the defendant who was in close shape to the direct activation.

The plaintiff also has a duty of care to take adequate protective measures in preparation for the occurrence of a sudden incident, such as the collision with other skiings or Skid users in the Do, which entails the risk of injury due to the collision, but is negligent in failing to prevent the collision accident in advance.

Since the plaintiff's negligence seems to have contributed to the occurrence of the collision accident of this case and the expansion of damages, the defendant's responsibility is limited to 70%.

2. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value at the time of the accident shall be calculated on the basis of the discount method which deducts intermediary interest at the rate of 5/12 percent per month, and the rejection shall be made on the part of the parties' arguments. < Amended by Presidential Decree No. 3680, Feb. 65>