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(영문) 대구지방법원 2018.01.17 2017가단103525
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by each person;

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff, around 11:00 on September 16, 2016, went to the “D cafeteria” located in Daegu Dong-gu, the Defendant operated.

The plaintiff reported the main food order in the above restaurant.

The employee of the Defendant E, an employee of the Defendant, posted a hot water from the Jeju E’s stude, which was cited by the Plaintiff’s employees by putting him on the tebbles, to the Plaintiff’s luxe portion, and thereby, the Plaintiff suffered an injury of the Plaintiff’s ebbratical 2 degrees images of body.

(hereinafter referred to as “instant accident”). [Grounds for recognition] The fact that there is no dispute, the entries and images of Gap’s evidence Nos. 1 through 3 (including branch numbers), and the purport of the whole pleadings.

B. According to the above facts finding that the defendant's employee E is liable for damages, since the accident of this case occurred because he neglected his duty to pay attention to prevent heavy water from putting the main electronic containing hot water into the customers to the customers, he neglected to do so. Thus, the defendant is the above employee's employer, who is liable to compensate the plaintiff for damages caused by the above unlawful act of this employee pursuant to Article 756 of the Civil Act.

C. According to the purport of No. 2’s film and pleading, the Plaintiff also must pay attention to the Plaintiff when the employees of the restaurant operated by the Defendant have access to the Plaintiff with heavy water, and as such, it appears that the Plaintiff was negligent in doing so, thereby causing and expanding the Plaintiff’s damage. As such, the Plaintiff’s negligence should be calculated to 10% and the Defendant’s liability should be limited to 90%, taking into account the circumstances surrounding the instant accident.

2. The current price at the time of the accident of the scope of damages shall be calculated at the rate of 5/12 per month by the single interest method that deducts intermediary interest, and the units of less than won shall be discarded.

In addition, the parties' arguments are not stated separately.

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