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(영문) 울산지방법원 2016.02.16 2015가단57446
손해배상(기)
Text

1. All of the plaintiffs' claims are dismissed.

2. The costs of lawsuit are assessed against the plaintiffs.

Reasons

1. Basic facts

A. The status of the parties 1) Plaintiff A is the network D (hereinafter “the network”).

(2) The Defendant is a sports facility business, bath and soup business. The Plaintiff is the husband of the deceased, and the mother of the deceased.

B. At around 1:04 on August 19, 2014, the Deceased was discovered in the second floor of the 2nd floor of the Frying E, Busan, which was operated by the Defendant, with no awareness of being involved in the air conditioners in the above bath. The Deceased was subject to emergency measures, such as cardiopulmonary resuscitation, by the 119 first aid unit called the above bath worker upon the report of the above bath worker, but was killed (hereinafter the above bath was referred to as the “instant bath bath”), and the above death was referred to as the “accident.”

(2) After the deceased’s death, the direct private person was presumed to be next to the deceased’s death, and the deceased’s death was presumed to have been caused by a food and clothing room due to a disease.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 5 (including attachment of a serial number), Eul evidence Nos. 2, the fact inquiry results of this court's investigation into Busan Franchisat Fire Station, the purport of the whole pleadings

2. Determination

A. The plaintiffs' assertion 1) The defendant's employee who found the deceased's assertion that he was used in a hot spring, did not perform cardiopulmonary resuscitation to the deceased, and the deceased was neglected for about four minutes and died due to his neglect. The defendant's negligence that caused the deceased's death. As such, the defendant's loss income of the deceased was inherited at the rate of 3:2,00 won among the deceased's lost daily income of KRW 166,288,880, and consolation money of KRW 40 million against the deceased, KRW 20 million for consolation money of KRW 5 million for the plaintiff A, and KRW 10 million for funeral expenses against the plaintiff Eul. The defendant's assertion that part of the above money is entitled to the payment of consolation money of KRW 20 million for the deceased's disease.

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