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(영문) 수원지방법원 2016.08.12 2015가단104790
손해배상(기)
Text

1. The Defendant paid KRW 3,867,93 to the Plaintiff KRW 5% per annum from January 13, 2015 to August 12, 2016.

Reasons

1. Basic facts

A. The plaintiff is a photographer who runs the business of sweeting and photographing regulars for family events, and the defendant is a person operating a computer repair store.

B. On January 12, 2015, the Plaintiff contracted the Defendant to install a hard disc on a computer used for business purposes. The Plaintiff’s work process led to the damage of all the data stored in the existing hard disc used by the Plaintiff, thereby making it impossible for the Plaintiff to recover.

C. The Plaintiff was damaged by the loss of all of the tamp photographs stored in the tamp disks, thereby compensating the customer for damages of KRW 15,471,735.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 9, 12 through 15 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion asserts that the plaintiff's existing photograph data was destroyed due to the defendant's negligence, and sought compensation for damages therefrom.

B. 1) In full view of the following facts in light of whether liability for damages was established, Gap evidence Nos. 15, Eul evidence Nos. 15, Eul evidence Nos. 11, and the results of fact inquiries about Eul's name information technology, and the overall purport of the pleadings, the following facts can be acknowledged. (A) The defendant, who was awarded a contract with the plaintiff to install a hard disc additional from the plaintiff, discovered the need to separate the connecting cables of the existing hard disc in the process of the work and added connecting cables in the process of attempting to separate the connecting cables.

B) In order to verify the condition of the existing hard disks with connecting cables, the Defendant supplied all of the Plaintiff’s existing hard disks to the Defendant’s work computer, supplied them with all of them, and used them as to whether they work. The above hard disks did not work normally while carrying the son’s offburul. C)

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