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(영문) 대구지방법원 2017.09.28 2016나13701
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. The reasoning for the court’s explanation concerning this part of the damages liability is as follows: 1. The occurrence of damages liability is identical to that of the first instance court’s decision, and thus, this part is cited in accordance with the main text of Article 420 of the Civil Procedure Act, except for the modification of two parts as follows.

Under the second place, the term “Plaintiff” in the fourth place shall be modified to “Plaintiff’s Development”.

(b) modify the parts described in Chapters 3 through 15 in Part 9, "However," as follows:

"However, evidence Nos. 1 and 2 (including virtual numbers; hereinafter the same shall apply)

According to the purport of each statement and oral argument, the defendant prepared the work guidelines and safety rules to load the scrap metal from dump truck, and knew the above contents to the workers including the plaintiff, and provided safety education. Therefore, the plaintiff seems to have been aware of the work guidelines and safety rules to load the scrap metal from the defendant's dump truck. Thus, the plaintiff should have complied with it and should have been prepared against the danger in advance, and should have been prepared against the danger in fact at the time of the occurrence and expansion of the damage. Such negligence of the plaintiff should be considered as a cause for the occurrence and expansion of the damage, and it is reasonable to view that the ratio is 40% as a whole in light of the circumstance of the accident in this case and the degree of damage. Accordingly, the defendant's responsibility is limited to 60%."

2. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount of less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the calculation of the amount of damages at the rate of 5/12 per month and the calculation of the amount of interim interest at the rate of 5/12 per month.

In addition, the parties' arguments are not stated separately.

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