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(영문) 부산지방법원 2015.09.17 2015나219
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Determination on the cause of the claim

A. Comprehensively taking account of the overall purport of evidence Nos. 1, 2, 4, 5, and 6 and the argument, the Plaintiff and the Defendant were drivers of CAH and were at work hours. On July 18, 2013, on the ground that the Defendant, in the Defendant’s room located in the dormitory of the said private teaching institute, had inflicted an injury on the Plaintiff, such as catus, etc. (hereinafter “instant injury”), which requires approximately four weeks of treatment on the part of the Plaintiff’s drinking, on the ground that the Plaintiff did dust in a room near the Defendant’s room in which the Plaintiff had raised an abstinence, while serving an abstinium in the Defendant’s room located in the dormitory of the said private teaching institute. The Defendant was found to have received a summary order issued by the Busan District Court on July 22, 2013 to July 30, 2013, which became final and conclusive by the Defendant’s fine No. 2008, Aug. 29, 2014.

According to the above facts, the defendant is liable to compensate the plaintiff for damages suffered by the plaintiff due to the tort of the injury of this case.

B. The scope of liability for damages (1) active damages: According to each of the statements in the evidence Nos. 1,640,570, A570, and evidence Nos. 6, it is recognized that the Plaintiff spent KRW 1,640,570 for medical expenses, etc. from July 22, 2013 to January 14, 2014 (i.e., expenses incurred in issuing certificates of hospitalization and hospital treatment expenses of KRW 1,607,170 for medical expenses and other certificates of hospitalization and discharge).

(2) As examined earlier, as seen earlier passive damage, the Plaintiff was hospitalized for nine days from July 2, 2013 to July 30, 2013, and it is reasonable to calculate the lost income by deeming the Plaintiff to have lost the entire ability to work during the pertinent hospitalization period. According to the evidence evidence No. 7, the Plaintiff’s lost income is recognized as constituting 81,43 of the daily wage as of January 1, 2013. As such, the Plaintiff’s lost income is 537,523 won (=81,443 won x 22 days of operation per month x 9/30 days) and less than KRW 537,523).

(3) Limit of liability (A) This case has been living together with a dormitory.

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