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(영문) 서울중앙지방법원 2018.09.20 2017가단5242655
구상금
Text

1. The Defendants jointly share the Plaintiff KRW 46,562,690 and KRW 42,449,930 among them, from November 4, 2017 to January 2018.

Reasons

1. Basic facts

A. On January 14, 2013, Defendant B registered the business of “D” in the name of Defendant A, who is his father, in Jongno-gu Seoul, Jongno-gu, Seoul, and thereafter operated the restaurant (hereinafter “instant restaurant”) using the trade name above up to the present day.

B. The instant restaurant building is the Korean-style house within the hanok Preservation Area where a general restaurant cannot be operated. Defendant B, in the course of opening the instant restaurant, remodeled the marina to the existing toilet into the main room and changed the existing toilet into a female toilet after having a scam and a large gas park, etc. on the floor. As such, in order for female customers to use the toilet, it is required to pass through a narrow channel leading to a large gas or a narrow channel that is installed without a separate blocking facility through the stairs of the first to second to second to the front day.

C. At around 18:30 on February 5, 2017, E (the age of 32) was a customer of the instant restaurant, and around 18:30 on February 5, 2017, Defendant B, through Defendant B’s instruction, was dissepted from the stairs of the 2nd group in which the string day was moving into a female toilet, and, at the right end of the string of the string, the said nation’s water was cut into the string, and the said nation’s water was cut into the string, and thereby, 3 degrees of images, shoulders, knives, knives, and knives of 3 degrees in body, knives, knives, and knives.

(hereinafter “instant accident”). D.

Defendant B was prosecuted as a crime of injury by occupational negligence in relation to the instant accident, and was sentenced to the first instance court (Seoul Central District Court 2017dan4997) through the first instance court on January 26, 2018. Defendant B was sentenced to a judgment of conviction in the first instance court on January 26, 2018. From the appellate court (No. 2018No386 of the same court), Defendant B was sentenced to a judgment of a suspended sentence of two years on April 26, 2018, and the said judgment of the appellate court became final and conclusive as the period of appeal at that time.

E. From June 11, 2018, a total of KRW 58,446,720 was incurred from the above video treatment costs of E, and the Plaintiff from May 15, 2017.

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