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(영문) 대전지방법원 2017.12.22 2016가단12509
손해배상(산)
Text

1. The Defendant’s KRW 46,642,90 for the Plaintiff and KRW 5% per annum from May 28, 2015 to December 22, 2017.

Reasons

1. Occurrence of liability for damages;

A. Facts of recognition: as shown in the separate sheet of “liability for damages”

(B)(2) The first line’s “the pressure frames for the first and second trends” is amended to “the 5,000 frames.”

Grounds for Recognition: Each entry and the purport of the whole pleadings in subparagraphs A through 3;

C. According to the above facts, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the industrial accident of this case.

The limitation of liability: The defendant's liability ratio shall be limited to 70% in consideration of the plaintiff's neglect of self-defense obligation.

2. Scope of liability for damages

(a) Actual income: 38,959,048 won (attached Form 38,959,048 referred to as “actual income calculation sheet”);

B. Wangl medical expenses: KRW 6,212,059 (Evidence A9): 1,123,236, if the sum of the charges to be borne by the Corporation is deducted from KRW 5,08,823,00 (Evidence A7, 874, 371 (Evidence A7, 80), among the total medical expenses incurred by the Corporation, the sum of the charges to be borne by the Corporation, the sum of KRW 5,08,823 is deducted from KRW 6,212,00 (Evidence A) (see Supreme Court Decisions 2014Da68013, 68020, February 12, 2015; 2014Da21387, Sept. 25, 2014), the sum of the charges to be borne by the Corporation, and the amount is recognized as KRW 1,123,2360,00.

(c) Nursing expenses: 2,063,417 won (87,805 won X 47 days X 1/2) for the period of hospitalization from May 28, 2015 to July 14, 2015, 47 hours a day of adult male and female (the results of the commission of physical appraisal to the head of the Hanyang Seoul Hospital and the purport of all pleadings by this court).

(d) Amount after offsetting negligence: 42,495,701 won [38,959,048 Won for lost income of KRW 1,473,236 for the king treatment expenses of KRW 2,063,417] x70% = 29,746,90 won;

E. Compensation: 16,896,000 won, taking into account all the circumstances revealed in the pleadings, such as the developments leading up to the instant industrial accident, degree of negligence, degree of the Plaintiff’s loss of labor ability. In conclusion, the Defendant is obligated to pay to the Plaintiff 46,642,90 won (29,746,990 won) and damages for delay at the rate of 5% per annum from May 28, 2015 to December 22, 2017, which is the date of this judgment, and from the next day to the date of full payment.

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