logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울동부지방법원 2016.02.02 2014가단50037
손해배상(기)
Text

1. The Defendant’s KRW 9,526,856 to the Plaintiff, as well as 5% per annum from July 7, 2014 to February 2, 2016.

Reasons

1. Facts of recognition;

A. On July 7, 2014, the Plaintiff: (a) performed a shower in the “D 1st underground floor” of Songpa-gu Seoul, Songpa-gu Seoul, Seoul, which was operated by the Defendant; (b) went beyond the shower, thereby getting out the shower floor; and (c) thereby, was inflicted an injury on the part of the upper half of the upper half of the upper half of the frame and the upper half of the upper half of the frame.

[Reasons for Recognition: Each entry of Evidence Nos. 2, 3, 5, 10, 22 and 23, and the purport of the whole pleadings]

2. Occurrence of liability for damages;

A. In full view of the facts acknowledged earlier and the purport of the entire arguments as seen earlier, the shower floor was sleeped at the time of the instant accident, and the Defendant, who operates the shower, was negligent in neglecting to take safety measures such as preventing members from being subjected to a shower accident, or cleaning the floor so as not to remain a shower product, etc., and accordingly, the Defendant is liable to compensate the Plaintiff for the damages suffered by the Plaintiff due to the instant accident.

B. The limitation of liability, however, in full view of the purport of the entire arguments in the above evidence, the plaintiff could have been aware that the shower floor was dissatisfyed, and thus, he could have been negligent in neglecting this in spite of his negligence. In light of these circumstances, it is reasonable to limit the defendant's responsibility to 60%.

3. Scope of liability for damages

A. According to each statement of Gap evidence No. 18-1 to 5, the plaintiff paid KRW 8,313,760 in total for the treatment of injury caused by the instant accident.

(2) As to this, the Defendant constitutes the principal’s share.

arrow