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(영문) 대법원 2018.10.04 2016다41869
손해배상(산)
Text

The part of the judgment of the court below against the plaintiff A, which is reversed, and this part of the case.

Reasons

The grounds of appeal are examined.

1. As to the Defendant’s allegation in the grounds of appeal that there was no breach of duty of care, the lower court acknowledged the Defendant’s liability for damages on the ground that the Defendant violated the Defendant’s duty of care as to the occurrence of the instant accident, which is occupational accidents,

The Defendant’s allegation in this part of the grounds of appeal is not a legitimate ground of appeal to the effect that the fact-finding constituted the exclusive authority of the fact-finding court.

Furthermore, even in light of the record, the lower court did not err by exceeding the bounds of the principle of free evaluation of evidence against logical and empirical rules.

2. As to the Defendant’s allegation in the grounds of appeal as to the ratio of fault, determination of the fact-finding or the ratio of comparative negligence or limitation of liability in cases of damages due to nonperformance or tort is the exclusive power of the fact-finding court, unless such determination is deemed considerably unreasonable

(2) In light of the records, the lower court’s finding of facts or determination of its ratio on the comparative negligence or the grounds for limitation of liability cannot be considerably unreasonable in light of the principle of equity, and thus, the Defendant’s allegation in the grounds of appeal on this part is without merit.

3. As to the Plaintiff A’s ground of appeal on the violation of the principle of pleading

A. The life expectancy of the victim, which serves as the basis for calculating the amount of damages in the damages case due to personal injury, is a major fact to which the principle of pleading applies, and is subject to confession in court.

On the other hand, once the confession has been established, the court is bound to the extent that it is not legally revoked. Thus, the court is the confession that has been formed as to the facts that there is no dispute between the parties.

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