손해배상(기)
1. The Defendant’s KRW 70,586,451 as well as 5% per annum from October 19, 2018 to November 12, 2020 to the Plaintiff.
1. Occurrence of liability for damages;
A. The facts of recognition 1) The Defendant was a port guard of “D”, a logistics company located in the Dong-gu Busan Metropolitan City, and was sentenced to imprisonment with prison labor for the injury of the Plaintiff on October 19, 2018, on the front of the warehouse, around October 10, 2018, on the ground that the Plaintiff, who seeks to park in the front of the warehouse, neglected his/her instructions, did not neglect his/her own instructions. The Plaintiff was in a dispute, was pushed down, was pushed down, was pushed down, and was cut down for about 10 weeks in need of medical treatment. 2) The Defendant was indicted for the above criminal facts, and was sentenced to imprisonment with prison labor for the injury of the Busan District Court Decision 2019No828, July 12, 2019; and the above judgment became final and conclusive on October 5, 2019 through the appellate court.
[Ground of recognition] Facts without dispute, Gap 1, 5 evidence, Eul 1 evidence, the purport of the whole pleadings
B. Determination 1) The Defendant is liable to compensate for all damages suffered by the Plaintiff due to the above tort. (2) On the other hand, the Plaintiff, while suffering from gallebbling and spathing with the Defendant, has inflicted on the Defendant the left part of the shore requiring treatment for approximately two weeks (Evidence 1-5 and No. 2). Thus, the Defendant’s liability is limited to 90% by taking account of the circumstances surrounding the instant case, such as this circumstance, etc.
2. Scope of liability for damages
(a) Plaintiff’s claim amount 1) Daily income: 59,144,939 won: 11,256,650 won for future treatment expenses: 9,767,760 won for future treatment expenses: 1,653,820 won: 10,000 won for future treatment expenses;
B. Determination 1) Since the Plaintiff was permanently disabled on the part of the Defendant’s tort, and thereby lost 10%’s labor ability, the Plaintiff’s daily income constitutes KRW 64,75,605 in total, as shown in the attached Table, if calculating the daily income according to the unit wage of an ordinary person by the date on which he turns 65 years of age. Of them, KRW 59,14,939 claimed by the Plaintiff is recognized. 2) Of them, the Plaintiff recognized KRW 11,256,650 in total.
3. The oral argument shall be concluded for the future treatment costs, as well as for the future treatment costs.