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(영문) 서울남부지방법원 2018.11.23 2016가단263199
손해배상(기)
Text

1. The counterclaim Defendant: 29,677,170 won to the counterclaim and 5% per annum from December 25, 2015 to November 23, 2018.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Party-Counterclaim Defendant is a business operator operating C points located in Silung-si B, and the Counterclaim Plaintiff is a customer who visited the above C points to purchase the goods. 2) Party-Counterclaim Defendant-Counterclaim Defendant’s C points employee of the Counterclaim Defendant: (a) around 18:30 on December 25, 2015, 10: (b) around 18:30 on December 25, 2015, 10: (c) the number of shopping cart around C points was moved from 4 to 3rd floor; and (b) there is a risk of an accident where shopping car is getting out of ever, and as such, D was obliged to take a duty of care to prevent the occurrence of the cart in advance by moving two or more employees.

C) Nevertheless, D neglected this and transported 10 mixed shopping cart from 4 to 3 floors without confirming whether customers around the cart had no customers around the cart, and caused the part of the non-resident's right-hand left-hand left-hand side of the cart transfer to be faced with the shopping cart combining the two parts on the wind of the cart transfer. (hereinafter "the instant accident").

(D) Due to the instant accident, the Lessee suffered injury, such as her bones, bones, bones, vertebrate, and any other conical signboard impairment accompanied by the her bones, tension, and nephical ppuri disease certificate.

3) A criminal judgment against D) A around September 19, 2016, the crime of injury caused by occupational negligence, stating that “Around September 19, 2016, Suwon District Court Decision 2016Ma3283, the head of Suwon District Court: (a) transferred a cart after checking whether there is no customer around the cart; (b) two or more employees transferred a cart to prevent the occurrence of the cart in advance; and (c) neglected to perform the duty of care to prevent the occurrence of the cart from occurring by moving the cart; and (d) caused the instant accident to the Lessee, resulting in the instant accident to cause the injury to the Lessee, such as the boom, bones, bones, tension, etc. requiring three weeks’ treatment.”

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