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(영문) 서울중앙지방법원 2015.11.05 2013가단232266
손해배상(기)
Text

1. The Defendant’s KRW 11,169,00 for the Plaintiff and KRW 5% per annum from November 21, 2012 to November 5, 2015.

Reasons

1. Occurrence of liability for damages;

A. On November 21, 2012, around 09:05, the Plaintiff visited the Defendant’s branch office and went to a branch office for the purpose of withdrawing deposits, resulting in the Plaintiff’s injury, i.e., pressure duplicating the third summary of pressure.

(hereinafter referred to as “instant accident”). [Ground of recognition] / Each description of evidence Nos. 4, 8, and 9, and the purport of the whole pleadings.

B. According to the above facts of recognition, the defendant is responsible for compensating the plaintiff for the damages caused by the accident of this case since he neglected his duty of care to prevent accidents to the customers leaving the above office through thorough management of the office.

2. On the other hand, according to the evidence mentioned above, even though the plaintiff should have been able to secure his own safety by well-being the surrounding body and maintaining a balance of body, the plaintiff was negligent in doing so, and thus, the plaintiff's negligence was also causing the occurrence of the accident in this case and the expansion of damages.

Therefore, in calculating the amount of damages of the defendant, the negligence ratio shall be considered as 50% in consideration of the circumstance of the accident in this case as seen earlier, the age of the defendant, and all other circumstances shown in the argument in this case.

3. Scope of liability for damages

(a) In principle, the period of time for calculating lost earnings shall be calculated on a monthly basis, but at the time of the accident of the amount of damages, the current price shall be calculated on a monthly basis by the simple discount method deducting intermediary interest at the rate of 5/12 per month.

1) Personal information date of recognition: The monetary assessment urban wage for operating capacity from November 21, 2012 to December 31, 2012: 1,776,104 won (80,732 won x 22 days) from January 1, 2013 to August 31, 2013: 1,791,746 won (81,443 won x 81,43 won x 22 days): From September 1, 2013 to December 31, 2013:

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