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(영문) 광주지방법원 2016.12.09 2016나54267
손해배상(기)
Text

1. Of the judgment of the court of first instance, the defendant against the defendant exceeding the money ordered to be paid below to the plaintiff A.

Reasons

1. Basic facts

A. The defendant operates a restaurant under the trade name of "F" in Gwangju Northern-gu E.

B. On April 27, 2013, Plaintiff A (KG students and women) was waiting for food with Plaintiff B and C, whose parents were the Plaintiff, etc., but at that time, the Defendant’s wife G, who was working in the restaurant, she saw hot boomed with the Plaintiff A and the Plaintiff, who was carrying on a table in the kitchen restaurant, she was faced with heavy food from the back of the back of the kitchen, and there was an accident where the Defendant’s wife, who was working in the restaurant, she saw the Plaintiff’s right hand of the Plaintiff’s right hand and the arms.

(hereinafter “instant accident”).

C. immediately after the instant accident, Plaintiff A was hospitalized in H Hospital, Jeonnam University Hospital, I Hospital, J Hospital, and Joseon University Hospital, etc., and received outpatients from the hospital, etc., and still, the video remains salvaging the right side due to its image, and has an uneasiness accompanied by uneasiness and depression.

[Reasons for Recognition] Unsatisfy, Gap's statements and images (including paper numbers; hereinafter the same shall apply), the results of the commission of physical examinations to the president of the court of first instance, the director of the hospital at the Jeonnam University, and the director of the hospital at the Joseon University, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs' accident of this case occurred due to the total negligence on the part of the defendant. Accordingly, the plaintiff A suffered total of KRW 43,097,024, such as medical expenses, and the plaintiff B suffered damages of KRW 5,000,000, and the plaintiff C suffered damages of KRW 7,986,150, such as consolation money, and thus the defendant is liable to compensate the plaintiffs for the above damages.

B. Since the accident of this case occurred not by the former negligence of the defendant but by negligence of the plaintiffs, the defendant's liability should be limited to at least 60%, and the consolation money recognized by the first instance court is excessive in light of the circumstance of the occurrence of the accident of this case, etc.

3. Determination

A. According to the above facts of recognition 1 of liability for damages, the instant accident is in the process of moving into a hot boomed country by G working in the above F.

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