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(영문) 대전지방법원 2016.05.12 2015나104839
채무부존재확인
Text

1.The judgment of the first instance shall be modified as follows:

Attached Form

With respect to the accidents described in paragraph 1 of the list, Nonparty.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

The court's explanation on this part of the liability for the payment of insurance proceeds is consistent with the reasoning of the judgment of the court of first instance except for the part of the "Restriction on Liability" No. 5 of the judgment of the court of first instance as follows. Thus, this part of the reasoning of the judgment of the court of first instance is acceptable in accordance with the main sentence of Article 420 of

C. The limitation of liability: (a) the workplace at the time of the instant accident does not have a work plate at the time of the instant accident; and (b) the Defendant’s moving the pipe to cover the safety level to the next partitions, which led to the Defendant’s failure to secure safety by itself and exercise due care; and (c) as such, the Defendant’s negligence was also causing the occurrence and expansion of damages, it is reasonable to consider the amount of damages to be compensated by the Plaintiff in determining the amount of damages to be compensated by 20%; and therefore, (d) the Plaintiff’s responsibility is limited to the remainder of 80%.

In addition to those that are separately provided under the scope of liability for the payment of insurance proceeds, it shall be as specified in each relevant item of the attached Table of the calculation of the amount of damages, and the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

Personal information on lost income: It shall be as stated in the column for "basic matters" in the attached Form for calculation of damages.

Income: The amount of the defendant's income shall be calculated by multiplying the daily wage in the mold of the construction business by the 22th day of the operating day in accordance with the report on the actual condition of wages in the construction business.

The defendant requests a daily income by applying the amount obtained by multiplying the final average wage applied in the insurance benefit ledger for industrial accident compensation insurance by 30 days per month, but the result of fact-finding on the head of the Daejeon Regional Headquarters of the court of first instance is alone.

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