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(영문) 서울동부지방법원 2020.09.23 2020나21055
손해배상(기)
Text

The judgment of the first instance, including the plaintiff's claim added, expanded, and reduced in the trial, shall be amended as follows:

Reasons

1. Occurrence of and limitation on liability for damages;

A. If the purport of the entire argument is added to the statement in Gap evidence No. 1, the defendant was found guilty of a fine of KRW 1.5 million on April 25, 2018 due to the crime of injury at Suwon District Court on the ground that, around 21:30 on January 22, 2018, at the work site of D company located in the wife population C, the defendant was found guilty of a fine of KRW 1.5 million due to the crime of injury at Suwon District Court on April 25, 2018, in consideration of the plaintiff's face, etc. due to drinking and growth, etc., and the fact that the above judgment became final and conclusive at that time.

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

B. The following circumstances, i.e., the Plaintiff, at the above temporary location, inflicted an injury upon the Defendant, which requires treatment for about 8 days, and considering the developments and motive leading up to the instant injury and the relationship between the Plaintiff and the Defendant, it is reasonable to limit the Defendant’s liability for damages to 80%.

2. Scope of damages.

A. The Plaintiff seeking payment of KRW 6,808,778 as the amount of damages during the pertinent period, even if the Plaintiff could not work for two months or more due to the instant injury.

In addition to the whole purport of the statement and pleading evidence No. 6, the plaintiff received hospitalized treatment for two days due to the injury of this case, and the unit wage of an ordinary worker at the time can be acknowledged as the facts constituting 109,819. Thus, the plaintiff's lost profit due to the injury of this case is 219,638 won (=109,819 won x 2 days). The plaintiff's loss profit due to the injury of this case is 175,710 won by multiplying the defendant's liability ratio (=219,638 won x 80% x less than won; hereinafter the same shall apply) by the defendant's negative loss is recognized as the plaintiff.

The above-mentioned.

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