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(영문) 서울중앙지방법원 2017.09.13 2016가단5169630
손해배상(자)
Text

1. The Defendant: (a) KRW 16,63,404 for the Plaintiff and KRW 5% per annum from July 12, 2017 to September 13, 2017; and (b) for the Plaintiff.

Reasons

1. Facts of recognition;

A. On May 25, 2016, the Defendant: (a) loaded a wheel chairs for pedestrian aids (electric wheelchairs) and moved the front side of the Dental in Jung-gu Seoul Special Metropolitan City from the hotel director to active duty-related area; (b) had the Plaintiff walking a road before the front part of the electric wheelchairs in the same direction; (c) suffered from the said accident that the Plaintiff exceeded the floor and went beyond the floor for about eight (8) weeks, and brought about the upper part of the front part of the front part, which requires the treatment for about eight (8) weeks.

(hereinafter “instant accident”).

B. On May 26, 2016, the Plaintiff was hospitalized in the Human University Seoul White Hospital, and was discharged from the hospital on June 7, 2016, after undergoing a ductary and ductative surgery and internal fixed operation. After that, the Plaintiff received outpatient treatment for a total of 25 days until July 4, 2017.

C. The Defendant was indicted as a crime of injury by occupational negligence on the ground of the instant accident and was sentenced to a suspended sentence of one year in the imprisonment without prison labor for four months (Seoul Central District Court 2016Kadan6000). The above judgment became final and conclusive as it is.

[Ground of recognition] Each entry of Gap evidence Nos. 1, 2, 3, 6, 9, 15 (including paper numbers) and the purpose of the whole pleading.

2. Occurrence of liability for damages;

A. According to the above fact of recognition of the liability for damages, the defendant is liable for compensating the plaintiff for the damages caused by the accident of this case, even though he had a duty of care to safely manipulate the wheel chairs so that the wheel chairs may not shock the persons walking, while he gets on the wheel chairs well, although he had a duty of care to safely handle the wheel chairs so that they could not shock the persons walking.

B. Whether or not the Defendant limited liability for damages, the Plaintiff was walking along the roadway without permission, and even if the road in which the instant accident occurred is not divided into the sidewalk and the roadway, in such a case, pedestrians should pass along the edge of the road in the direction opposite to the vehicle and the horse or the edge of the road.

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