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(영문) 의정부지방법원 2015.07.07 2014가단44161
손해배상(기)
Text

1. The Defendants jointly set forth KRW 8,710,228 to the designated parties F, and KRW 750,000 to the Plaintiff (Appointed Party) and the designated parties G, respectively.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant E is a mutually cafeteria with the trade name “L” at Chuncheon-si (hereinafter “instant restaurant”).

Defendant B operated the instant restaurant. Defendant B’s employees were the following: (i) Appointers G and Plaintiff (hereinafter “Plaintiffs”; (ii) together with the rest of the Appointors, “Plaintiffs” are the parents of the Appointors F (M students); (iii) SH and I are the grandparents of the Appointors F; and (iv) the Appointors J are the external features of the Appointors F.

3) On September 15, 2012, the Plaintiff, Appointers F, and J ordered a string box to the instant restaurant in order to provide meals at around 15:00, and the Defendant B ordered the string of the instant restaurant. After the locking, the Plaintiff B, a part of the strings of the strings, which was moved from the dispute to the table of the Plaintiff’s strings of the designated parties F, where the strings were being accumulated into the strings of the strings of the designated parties. (hereinafter “instant accident”).

(4) Due to the instant accident, the Plaintiff suffered injury to the Selection F, “Semulgic 2ndral satisfic satisfic satchine 1)” which requires four weeks’ medical treatment.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 7, and 8, the purport of the whole pleadings

B. According to the above facts of recognition, where Defendant B transports hot food as an employee of the restaurant of this case, it should be noted that the food should be kept safe to the customer's table by keeping it out, and in particular, in the case where an infant is located in the route where hot food is transported, the accident of this case should have been done more attention. Thus, Defendant B is a tort, and Defendant B is jointly liable as Defendant B's employer, and Defendant E is liable to compensate for damages suffered by the Plaintiff (appointed party) and the designated parties due to the accident of this case.

Meanwhile, prior to the occurrence of the instant case, the Defendants posted a notice (No. 1, 5, and 6) prohibiting the entry into the restaurant of the relevant cafeteria.

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