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(영문) 의정부지방법원 2019.11.29 2018가단108865
손해배상(기)
Text

1. As to the Plaintiff A’s KRW 4,798,365, and KRW 300,000 for each of the said money and each of the said money from March 4, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff B and C are the parents of the plaintiff A.

B. On March 4, 2018, Plaintiff A visited the Defendant’s house that provided extracurricular lessons with Plaintiff C.

The defendant was raising satch at home.

C. While the plaintiff C and the defendant consulted in the room, the plaintiff A went to the ward.

However, the height in the ward was able to take the part of the plaintiff A's inner part, and therefore the plaintiff A suffered 2 cm with the inner part of the body, which requires treatment between about 2 weeks on the part of the human body.

(hereinafter referred to as the "accident of this case"). 【No dispute exists, Gap evidence 1-5, Eul evidence 1-2, Eul evidence 1-2, the result of the court's entrustment of appraisal to E Hospital, the fact-finding results with respect to E Hospital, the purport of the whole pleadings.

2. Occurrence of liability for damages;

(a) a person who raises a foundation of responsibility, has a duty of care to take necessary measures so that the satch does not cause another person who visited his house or would not be able to do so;

However, since the defendant neglected this and set a garyang in a ward, the accident of this case occurred, the defendant is liable to compensate the damages suffered by the plaintiffs due to the above tort.

B. The Defendant’s liability is limited to 60% of the total amount of the Defendant’s liability, taking into account the following circumstances: (a) the occurrence of the instant accident recognized by comprehensively taking account of the foregoing facts as well as the background leading up to the occurrence of the instant accident and the part leading up to the Plaintiff’s injury (However, when considering the age of Plaintiff A, it cannot be said that the Plaintiff’s negligence was significantly higher than the negligence of the adults causing such circumstances).

3. Scope of liability for damages

(a) Property damage 1) 648,340 won (Evidence A 4-1 to 5-2) for future medical expenses: 3,021,902 won for future medical expenses as a result of the entrustment of appraisal of KRW 3,274,00 for the following day of oral argument.

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