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(영문) 부산지방법원동부지원 2016.11.24 2015가단201055 (1)
손해배상(기)
Text

1. All of the instant lawsuits are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. The facts under the basis of facts may be established either in dispute between the parties or in full view of the purport of the entire pleadings.

Plaintiff

C is a child of 3 years of age at the time of the instant accident, and the Plaintiff A and B are the parents of Plaintiff C.

B. On February 3, 2015, the Plaintiffs filed a lawsuit against the instant court against the dele Lease Co., Ltd. (hereinafter “dele Lease”) and E, and F, “Action seeking compensation for lost income, medical expenses, and nursing expenses on the ground that, while the F, an employee of the dele Lease and E, neglected his/her duty of care in performing his/her duties on October 17, 2014 and transported hot water in a lided container with no lid container, the Plaintiff C, who entered the said container, was faced with the said container, and that the hot water contained therein was accumulated into the body of the Plaintiff C, thereby causing the Plaintiff C’s injury.”

C. On September 3, 2015, the Seoul Central District Court rendered a ruling to commence rehabilitation as Seoul Central District Court Decision 2015 Ma10026 with respect to Dedelece. This Court separated arguments against Dedelece and rendered a judgment on December 24, 2015 only with respect to E and F.

E and F judgments were appealed (the Busan District Court 2016Na40412) and confirmed on August 9, 2016 as compulsory mediation decision. D.

On the other hand, on November 25, 2015, the Plaintiffs reported the instant claim for damages against Dedele Lease as a rehabilitation claim.

On January 12, 2016, at the special inspection date, the defendant denied the whole amount of the rehabilitation claim reported by the plaintiffs on the grounds that the amount of the claim is disputed, and the notice was served on the plaintiffs on January 20, 2016.

E. On November 9, 2016, the Plaintiffs filed an application with the intent to change the other party to the instant lawsuit to the Defendant from dedele Lease, and to seek the confirmation of the claim for rehabilitation claims, through an application for change of the purport and cause of the claim.

2. We examine ex officio the legality of the lawsuit of this case with regard to the legality of the lawsuit of this case.

When rehabilitation procedures commence, the grounds prior to the commencement of rehabilitation procedures.

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