(영문) 창원지방법원 2018.06.22 2017가단15211

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(영문) 창원지방법원 2018.06.22 2017가단15211

손해배상(기)

Text

1. The Defendant’s KRW 45,766,451 as well as 5% per annum from September 30, 2014 to June 22, 2018, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the statements and arguments by evidence Nos. 1 and 2 (including partial numbers) of the Defendant’s liability for damages, the Defendant: (a) was under the influence of drinking around 01:0 on August 13, 2017, and was issued a summary order around 01:0 on the part of the Plaintiff who prevented the Plaintiff from taking over the Plaintiff’s chest part of the said part of the said part of the said part of the said part of the said part of the said part of the said part of the said part of the said part of the pleadings; and (b) the Defendant was issued a summary order around January 30, 2018 to a fine of 20,000 won due to the crime of assaulting No. 941 on the left side of the Plaintiff; and (c) the Defendant was issued a summary order around the time when the summary order became final and conclusive.

According to the above facts, the defendant shall be liable to the plaintiff for damages arising from tort pursuant to Article 750 of the Civil Act.

B. The defendant asserts whether to limit liability is "the defendant's liability should be limited in light of the fact that the defendant lost the center on the wind that the defendant goes beyond the plaintiff and knee, and the plaintiff lost knee, thereby expanding the plaintiff's damage, etc."

However, in light of the fact that the Defendant was under the influence of alcohol, such as assaulting customers, etc., and was faced with the Plaintiff’s chest part of the Plaintiff’s chest, and thereafter, the Defendant lost the center of the Defendant and went beyond the Plaintiff’s bridge, and the Defendant stated at the police that “if so under the influence of alcohol, the situation would not be memory at all,” it cannot be deemed that there was any negligence on the part of the Plaintiff. Thus, the Defendant’s assertion is without merit.

2. The period of time for calculating the scope of liability for damages shall be calculated on a monthly basis in principle, and the amount of less than won shall be discarded.

At the time of the accident, the amount of damages is present.

참조조문

-민법 제750조

유사 판례

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