(영문) 수원지방법원안산지원 2015.12.17 2014가단116578

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(영문) 수원지방법원안산지원 2015.12.17 2014가단116578

손해배상(의)

Text

1. The Defendant’s KRW 20,472,020 as well as 5% per annum from June 29, 2013 to December 17, 2015 to the Plaintiff.

Reasons

1. Comprehensively taking account of the overall purport of the pleadings in the statement No. 1-2, No. 1-2, No. 2, and No. 1-2, and No. 1-2, the Defendant committed the injury of “the instant injury” (hereinafter referred to as “the instant injury”), which requires a treatment of six weeks by plucking down the Plaintiff’s fat, sating the fat at the warehouse of the Native Co., Ltd., Ltd., Ltd., located in Singue-dong 352-1 on June 29, 2013, around 17, 2013, the Defendant received a summary order of KRW 3,00,000 as a fine of KRW 20,00,00 on September 17, 2013, and the summary order became final and conclusive around that time.

According to the above facts, the defendant is liable to compensate the plaintiff for damages incurred by the plaintiff due to the injury of this case as a tort.

2. Scope of damages.

A. The fact that the Plaintiff suffered negative damages (actual income) caused by the instant injury is a total of 16,324,062 does not conflict between the parties.

B. According to each of the evidence No. 6-1 to 6, and evidence No. 7, the Plaintiff’s medical expenses incurred due to the instant injury can be acknowledged as constituting a total of 11,493,110.

C. The limitation of liability and the Defendant’s liability are limited to 70% of the Defendant’s liability, taking into account the following factors: (a) there was a conflict of opinion on the grounds of the issue of support for the elderly as a pro-friendly system; and (b) resulting in the instant injury at the end of the conflict of appraisal.

The consolation money shall be calculated as KRW 1,000,000 in consideration of the circumstances shown in the pleadings of the instant case, such as the background and degree of injury of the instant injury, and the relationship between the Plaintiff and the Defendant.

F. According to the theory of lawsuit, the Defendant’s obligation to perform its duty is determined as to the existence and scope of the Defendant’s obligation to perform its duty from June 29, 2013, which is the date of the instant injury, to the Plaintiff (20,324,062 won x 11,493,110 won x 70%).

유사 판례

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