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(영문) 창원지방법원 2018.05.24 2017나58172
손해배상(산)
Text

1. Of the judgment of the court of first instance, the part against the Defendants exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. The reasoning of the court of the first instance’s explanation concerning this case is as follows, and thus, it is consistent with the reasoning of the first instance judgment, except for the following cases. Thus, it is acceptable to accept this as it is by the main sentence of Article 420 of the Civil Procedure Act.

2. From 9 to 6 acts at the bottom of the third part of the judgment of the court of first instance, the contractor’s liability for damages caused by illegal acts of the contractor or the third party employed by the subcontractor cannot be exempted (see, e.g., Supreme Court Decision 83Meu1153, Nov. 22, 1983).

The first instance court's decision No. 4, 6, "(the defendant company, the contractor, and the contractor are not liable for damages incurred by a third party on the work, unless there is gross negligence on the contract or instruction, and the contractor is not liable for damages related to the accident of this case. Thus, the defendant company is not liable for damages related to the accident of this case. However, the defendant company is the employer of the defendant E, and the above argument is not examined further.)."

The scope of damages under paragraph (3) of the judgment of the first instance shall be as follows:

3. The circumstances leading up to the instant accident, the degree of negligence of the J and the Defendants, the degree of damage suffered by the J and the Plaintiffs, the age, career, occupation, family relationship, the progress of the relevant criminal case, and the Defendants’ efforts to recover damage (Defendant E deposited KRW 10,000,000 as damages for the Plaintiffs due to the instant accident in the course of the relevant criminal case, and the Plaintiffs paid the aforementioned amount.

In light of all the circumstances revealed in the argument of this case, the amount of consolation money is KRW 55,00,000 against the deceased J.

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