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(영문) 서울중앙지방법원 2019.05.14 2018가단5197943
손해배상(기)
Text

1. The Defendant’s KRW 9,202,120 as well as the Plaintiff’s annual rate of KRW 5% from May 11, 2016 to May 14, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition are as follows: (a) around 01:40 on May 11, 2016, the Defendant: (b) on the ground that the Plaintiff, an employee of the said club in Dongdaemun-gu Seoul, used the club’s money at will and did not feel true for the user; (c) on his hand and knee, moved the Plaintiff’s face to the above club office at around 02:04 on the same day; and (d) on his hand, the Defendant took the Plaintiff’s face by hand; and (d) caused the Plaintiff to have the back with the front part of the galle, and caused the Plaintiff to have his her her her her her her her her her her her her her her her her her her her her her her her her her her her her her her son, such as the left part requiring treatment for about 21 days, or recognized by the purport of the entire pleading and pleading.

B. The defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the injury in this case, which is obvious that it is the defendant's tort.

C. The evidence revealed prior to limitation of liability reveals that the injury in this case resulted from the Plaintiff’s arbitrary use of the money of the club operated by the Defendant, and this is deemed to have caused the occurrence and expansion of the damage caused by the injury in this case, and thus, it shall be considered in calculating the damages to be compensated by the Defendant, but the Defendant’s liability shall be limited to 80%.

Therefore, the defendant's assertion to this purport is justified within the above limit.

2. Scope of liability for damages

A. 1) Prohibition Loss 1: Income calculated on the basis of lost earnings (the fact that there is no dispute) 2: Urban daily wage of 94,338 won x 22 days (the part recognizing the actual rate of after the average number of days per month and the number of days per month and the number of days per month and the number of days per month and the rate of loss of labor ability): Parties to recognizing the temporary disability for 2 years after the injury of this case, both 1,381,023, as sought by the Plaintiff.

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