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(영문) 울산지방법원 2017.06.14 2015가단18175
손해배상(자)
Text

1. The Defendant’s KRW 8,179,849 as well as the Plaintiff’s annual rate of 5% from May 17, 2014 to June 14, 2017, and the following.

Reasons

1. Occurrence of liability for damages;

A. In fact, around 11:45 on May 17, 2014, B: (a) performed the work of manipulating C c c c stricks at the construction site near the Ulsan-gu Seodong, Ulsan-dong (hereinafter “instant cricks”) to load and load landscaped trees; (b) caused injury to the Plaintiff, such as a click flicks and the right-flicks, by shocking the Plaintiff who had been engaged in the work to load the transported crick trucks and getting off the transported cricks; and (c) getting off the transported cricks to the Plaintiff.

(hereinafter “instant accident.” The Defendant is a mutual aid business entity which has entered into a mutual aid agreement with respect to the instant artist.

[Reasons for Recognition] Unsatisfy, Gap evidence 2, Eul evidence 1, the purport of the whole pleadings

B. The defendant is liable to compensate for the damages suffered by the plaintiff as a mutual-aid business entity of the artist of this case.

2. The evidence revealed prior to the limitation of liability for damages entails the risk of an accident in the course of carrying the work of carrying trees onto a truck by cream, and thus, at the time of the instant accident, the Plaintiff also needs to take due care of the movement of cream, and not having access to the surrounding areas of the cream while the cream works, but the Plaintiff’s failure to take due care of the movement of cicks and suffered the instant accident.

In calculating the damages of this case, such negligence of the plaintiff is considered, but the defendant's liability is limited to 65% of the total damages.

3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

In addition, it is rejected that the parties' arguments are not stated separately.

The plaintiff's personal information of the lost income: 1.

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