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(영문) 부산지방법원 2016.01.14 2014가단33358
손해배상(산)
Text

1. The Defendant’s KRW 8,834,033 as well as the Plaintiff’s annual rate of KRW 5% from March 22, 2013 to January 14, 2016.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff, while receiving vocational education at Cprofessional Schools operated by the Defendant, suffered from the teared wound of the shoulder in order to transport the teaching materials for practical training at the direction of D, an instructor, around 10:30 on March 21, 2013.

(hereinafter referred to as the “accident in this case”). 【No dispute exists, entry of Eul’s evidence Nos. 1 through 3, witness E’s testimony, the purport of the whole pleadings.

B. Since D, an employee of the defendant, who is the basis for the responsibility, failed to perform his duty to protect the Plaintiff from risks arising from such a work while ordering the Plaintiff to perform extra work not included in vocational education, and the Plaintiff was involved in the instant accident, the Defendant, the employer of D, is liable to compensate the Plaintiff for damages arising from the instant accident.

C. The Plaintiff, taking into account his physical condition, should voluntarily ensure the safety of the Plaintiff, but neglected to do so. Therefore, in calculating the amount of damages in the instant case, the Plaintiff’s liability is limited to 85% of the total amount of damages.

2. Except as otherwise stated below within the scope of damages, it shall be excluded as stated in the separate sheet of calculation of damages, and it shall be rejected that the parties’ arguments are not separately explained.

The amount of damages shall be discarded less than the won and less than the month of the last month, and the amount shall be calculated according to the reduction rate which deducts the interim interest at the rate of 5/12 percent per month at the time of the accident.

1) Monthly Import 1,791,746 won (the fact that there is no dispute) 2) from July 24, 2013

9. From March 21, 2013, the date of the instant accident, to March 21, 2013 for the convenience of hospitalization and calculation for a total of 46 days until July 20.

5.5. up to 100 per cent of the loss of labour capacity shall be considered to be the period.

3) Calculation of Section II-A-4 of the Clobrid disability assessment table, applying Section 2-A-4 to the Clobrid disability assessment table, and 18 per cent of the market in Korea for three years from the date of the accident: the attached damages calculation table.

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