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(영문) 서울남부지방법원 2015.11.20 2014가단11783
손해배상(기)
Text

1. The Defendant’s KRW 47,677,756 as well as 5% per annum from May 5, 2015 to November 20, 2015, respectively, to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. In addition to the statements in Gap evidence Nos. 1, 2 (including paper numbers), and 6, the fact that the plaintiff suffered an injury, such as estimated signboards, heat, etc. that require treatment for six weeks since the plaintiff's failure to remove water and drinking water away from the bottom of the hotel, a restaurant, or to take measures to prevent smoking on May 4, 2013, around 13:30, which was operated by the defendant, around May 4, 2013, by adding the whole purport of the pleadings to the statements in Gap evidence Nos. 1, 12 (including paper numbers) and 6.

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the above accident as the employer of C.

However, in light of the Plaintiff’s age, background, and progress of accidents, it is reasonable to deem that the Plaintiff, as the Plaintiff, did not pay attention to walking despite having known that water and drinking water are far away from the floor of the drinking water.

Since the plaintiff's mistake also seems to have caused an accident, the defendant's liability ratio for the above accident is limited to 60%.

2. Scope of damages.

A. The actual income of the lost capacity of the Plaintiff lost due to the said accident is KRW 68,653,924, calculated at the present price at the time of the said accident according to the method of simple interest calculated by deducting the intermediate interest calculated at a rate of 5/12% per month, such as the following recognized facts and the content of the assessment, based on the attached table of damages calculation. The amount of damages, in the event of comparative negligence, is KRW 41,192,354 (hereinafter referred to as “cost”).

Date of birth and gender: The period of medical care (21 days of hospitalization) from May 4, 2013 to July 12, 2013, the average monthly income of the director of the division of ELOK limited company that manufactures and sells cosmetics: The rate of loss of working ability between December 31, 2035 and December 31, 2013, which the Plaintiff seeks: 100% during the period of medical care and the period of operation thereafter.

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