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(영문) 서울남부지방법원 2016.12.08 2016가단218489
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 9,387,430 to Plaintiff A, KRW 2,00,000, and each of the above amounts to Plaintiff B.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) Defendant D operates a “G” restaurant (hereinafter “instant restaurant”) with the 7th floor of the F in Guro-gu Seoul Metropolitan Government E located, and Defendant C is an employee of the said restaurant.

(2) On October 6, 2015, Plaintiff A visited the instant restaurant for the purpose of carrying out an in-house heart with the employees of the instant restaurant.

(3) Defendant C, an employee of the above restaurant, set up posts containing water control expenses on the tables, and the Plaintiff A’s buckbucks over the water control materials.

(hereinafter “instant accident”). (4) The Plaintiff suffered 2 degrees of images on both sides except buckbucks, spucks, sprinks, and sprinks, and sprinks, due to the instant accident.

(5) Plaintiff B is the husband of the Plaintiff.

[Grounds for Recognition: Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, Gap evidence 4 (including each number), the purport of the whole pleadings]

B. According to the above facts of recognition, in the event that Defendant C transports hot food as an employee of the restaurant of this case, the accident of this case occurred as he neglected to exercise due care so that the food could not be accumulated, even though it should have been accumulated, so Defendant C is a tortfeasor who caused the accident of this case, Defendant C is jointly liable to compensate the Plaintiff for the damages caused by the accident of this case as an employer of the above Defendant C, and Defendant D is jointly liable to compensate the Plaintiff.

2. The scope of liability for damages;

A. The Plaintiff 1,172,780 won (based on recognition: Gap evidence 2,4,5, Gap evidence 3-2,3, 4) future treatment expense was formed on the part of the buckbucks, after the accident in this case / The Plaintiff 1 needs to receive a radar treatment at least 20 times (200,000 won per time) twice a month for the treatment of the symptoms in this case; the first treatment day is the day following the date of the closing of argument in this case, which is 5/12% a month and deducts intermediate interest at the rate of 5/12% a month.

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