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(영문) 서울고등법원 2016.11.11 2016나4534
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. The reasons for the recognition of the reasons for the judgment of the court of first instance are written from 14 to 8 of the judgment of the court of first instance as follows 2. The argument that the plaintiffs and the defendant stressed again in the trial of the court of first instance is identical to the reasons for the judgment of the court of first instance, except where the following judgment is added with regard to the argument that the plaintiffs and the defendant stressed again in the trial of the court of first instance.

2. The applicant shall set aside parts of the applicant and deduct the amount of the contribution: The amount equivalent to 70/1,000 of the standard monthly income shall be deducted as a contribution within the limit of 33 years, the payment period under Article 66 of the former Public Officials Pension Act (amended by Act No. 13387, Jun. 22, 2015). Since the deceased was appointed on March 1, 2004, it shall be deducted within the limit of 33 years thereafter, and it shall be deducted until August 31, 2035, the retirement age of the deceased.

3. Determination of the attached articles

A. The plaintiffs' assertion 1) The defendant asserted that the accident of this case occurred by neglecting the deceased without considering the situation of the deceased, who is pregnant woman in pregnancy 7 to 8 months, while proceeding with the overseas training program of this case without considering the situation of the deceased, despite the symptoms above the health that rapidly increased in a short period of time, and neglecting the deceased without taking separate care or taking measures to get hospital treatment. The limitation of the defendant's responsibility to 20% is considerably unreasonable in light of the principle of equity. 2) The defendant's claim for damages where there is negligence in relation to the occurrence or expansion of damage to the victim in the claim for damages, it shall be taken into account as a matter of course in determining the scope of the liability for damages. The fact-finding of the grounds for offsetting negligence or setting the ratio thereof belongs to the exclusive authority of the fact-finding court (see Supreme Court Decision 93Da52402, Feb. 10, 1995) and evidence and evidence as mentioned above, and evidence as mentioned above, and each subparagraph 24 through 26-26 evidence.

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