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(영문) 서울동부지방법원 2015.12.18 2015나21518
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. The reasons why the court should explain this part of the liability for damages are as follows, and the corresponding part of the judgment of the court of first instance is the same as the corresponding part of the judgment of the court of first instance, except for the cases where the part of “limit of liability” from 4th to 7th of the judgment of the court of first instance is followed. Thus, this part is cited by the main text of Article

[Attachment 3] Limitation of liability: (a) although the plaintiff is negligent in neglecting his duty of care so that safety accidents may not occur by taking into account the front and rear left in the water play, the plaintiff's negligence is deemed to have caused the instant damage; or (b) it does not amount to the extent that the defendant's liability for damages is exempted; (c) it is reasonable to take this into account in determining the scope of liability for damages; (d) it is reasonable to set the rate of negligence to 40% in total, taking into account all circumstances related to the accident in light of the purport of the system "fair and reasonable distribution of damages."

2. Scope of liability for damages

A. The reasoning for the court’s explanation on this part is that the pertinent part of the reasoning of the judgment of the first instance is the same as that of the relevant part of the reasoning of the judgment of the first instance, in addition to changing the “labor ability” of six pages 6 of the judgment of the first instance to “labor ability”, and thus, the same is cited by the main text of Article 420 of the

B. The reasoning of the court’s explanation on this part is that the pertinent part of the reasoning of the judgment of the court of first instance is the same as that of the corresponding part of the reasoning of the judgment, and thus, this part is cited in accordance with the main sentence of Article

(c) Set-off of negligence (1) : 40%: Calculation: 23,711,130 won (if the amount is less than won, it shall be rounded-off) = (Article 34,740,083 Won 4,778,468 won) x 0.6];

D. The Plaintiff’s age, circumstances leading up to accidents, the degree of injury and the degree of injury, treatment period, the Plaintiff’s negligence, and the Plaintiff’s work at the same workplace even after the accident, and the Plaintiff’s actual loss of the lost income.

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