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(영문) 광주지방법원 2016.07.13 2015가단50755
손해배상(기)
Text

1. The Defendant’s KRW 34,653,098 as well as the Plaintiff’s annual rate of 5% from March 1, 2012 to July 13, 2016, and the following.

Reasons

1. The plaintiff, at the request of the defendant, was engaged in the miscellaneous treatment of mountain miscellaneouss adjacent to the Gwangju Mine-gu C Hospital.

The plaintiff was engaged in work using the original saves and removed saves by using mechanical saws after consultation with the defendant.

On March 1, 2012, while the Plaintiff was working with a mechanical saw on March 1, 2012, the Plaintiff was faced with a bridge part on the mechanical saw, which led to the Plaintiff’s injury to the left side, such as the core heat of the lower part of the hacker, the lower part of the hacker, the lower part of the hacker, the lower part of the hacker, the lower part of the hacker, the hacker flaf, the lower part of the hacker

[Grounds for recognition] Each entry of Gap 1-11 evidence (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff asserted that the defendant is liable for damages of KRW 40,522,835 ( KRW 24,507,670, KRW 6,000, KRW 100,000, KRW 340,000, KRW 340,000, KRW 240,000, KRW 43,862,835 ( KRW 40,52,835, KRW 340,00, KRW 340, KRW 00), and damages for delay.

3. Determination

A. 1) Compensation 1) Indemnification for damages arising from the Defendant’s breach of the duty of safety consideration by which the Plaintiff employs the Plaintiff and specifically instructed the work. However, in light of the specific circumstances of the accident, the Plaintiff’s negligence appears to have caused damages, and thus, the Defendant’s liability for damages is limited to 50%. (2) The period of hospitalization DB: totaling 26 days (Ga evidence 1) from March 1, 2012 to March 26, 2012, the total amount of 26 days (Ga evidence 1 C) labor capacity loss rate of 10%, the unit price of wages for construction machinery drivers (Ga evidence 8 and 11) daily income: 46,611,032 (see the table below). However, in light of the specific circumstances of the Plaintiff’s negligence, the amount of damages incurred by the Plaintiff, including the total of 23,305,516 won (46, 616, 101, 30%) medical expenses incurred due to the Plaintiff’s treatment expenses.

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