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(영문) 서울중앙지방법원 2020.10.28 2020나17268
구상금
Text

1. Of the judgment of the court of first instance, the amount of KRW 159,650,620 to the Plaintiff jointly with the co-defendant B and C of the court of first instance and the said amount.

Reasons

1. The reasoning of this court’s judgment citing the judgment of the court of first instance is the same as that of the judgment of the court of first instance, in addition to the dismissal as follows, and thus, it is also acceptable by the main sentence of Article 420 of the Civil Procedure Act.

[Attachment] Part 7 of the judgment of the court of first instance, the 7th to 10th of the judgment, shall be dismissed as follows.

In light of the following circumstances acknowledged by the above evidence, the defendant and the co-defendant C of the first instance court stated to the effect that "the gas was leaked while the defendant and the co-defendant of the first instance court were engaged in dismantling or removing a gas tank; the field structure was made of steel materials; and the defendant did not take any measures other than the suspension of diving even when the defendant et al. were in charge of gas smelling; although the defendant et al. employed the above C, the defendant was also obligated to take safety measures as a person engaged in the same occupation as the above C; while the defendant was in the emergency room, the defendant continued to work with the same sound as "the gas smell was known and gas was leaked; while the defendant continued to work together with the strong explosion, the defendant suffered a video with the plaintiff's own strong explosion; and the fire of this case was paid 25 million won as to the fire of this case; and it is reasonable to deem that the defendant did not properly take any damage as the defendant did not take any further action against the fire of this case as the first instance court's negligence."

4) The Defendant’s determination on the claim for mitigation of damages under Article 765 of the Civil Act is not based on the Defendant’s intentional or gross negligence, even if the Defendant’s liability is recognized.

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