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(영문) 대전지방법원홍성지원 2014.11.05 2014가단3627
손해배상(기)
Text

1. The defendant's KRW 9,962,113, and KRW 3,00,000 to the plaintiff Eul, and KRW 1,00,00,00 to the plaintiff C, D, and E respectively.

Reasons

1. Basic facts

A. At around 11:00 on August 11, 2013, the Defendant: (a) when she intends to enter the lecture in the H school located in Bocheon-si G for the purpose of tugboating; (b) on the ground that the Plaintiff was unable to wear a lower card for the reason that the Plaintiff was on the part of the church’s misconduct, etc. before the platform, and prevented the Plaintiff from entering the platform; and (c) on the ground that the Plaintiff’s body part of the Plaintiff’s above Plaintiff, who was accompanied by the card, unfolded the said Plaintiff’s body part into the left part, so that the Plaintiff exceeded the above Plaintiff’s 10-day medical treatment, and (d) the Plaintiff was fluenced with the culatory and the fluoral base, the fluoral base, the fluor, and the fluoral 11 b

(hereinafter “instant tort”). (b)

Plaintiff

B is the spouse of Plaintiff A, and Plaintiff C, D, and E are the children of Plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2-1, 2-2, Gap evidence 3-1 to 4, the purport of the whole pleadings

2. Determination

A. According to the above facts, the defendant is obligated to compensate the plaintiffs for damages caused by the tort of this case.

However, it is reasonable to limit the defendant's liability for damages to 90% in consideration of the fact that the tort of this case was caused by the plaintiff A's behavior against the defendant for his provoking against the defendant.

B. The scope of damages (1) The basic gender of Plaintiff A: Women’s date of birth: The age remaining 61 years and 7 months: Plaintiff A, in 24.61 (b) of the year 24.61, sought lost income on the premise that it is possible to operate even after age 60; however, barring any special circumstance, the maximum working age is 60 years, and there is no evidence to prove that Plaintiff A is able to operate after age 60. Thus, the above assertion is without merit.

(2) Medical expenses and transportation expenses: 3,535,682 won [each entry in evidence Nos. 6, 8, and 9 (including various numbers)] (3): 780,000 won (Evidence No. 7) deduction: 2,00,000 won (the plaintiff A)'s deposit money (the plaintiff A) and injury.

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