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(영문) 인천지방법원 2015.07.17 2014가단26117
손해배상
Text

1. The Defendant’s KRW 9,602,760 as well as the Plaintiff’s annual rate from May 4, 2014 to July 17, 2015, and the next day.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the statements and arguments in Gap evidence Nos. 1 and 4 as to the basis of liability, the plaintiff may recognize the fact that the plaintiff was injured by the external shock of the protruding signboard, the inner side of the side chain, the external side of the studs, and the external half-half-month ion of the outer side of the entrance, while boarding the Dongcheon-gu electric train operated by the defendant B in Bupyeong-gu, Incheon, Incheon, at around 10:24, the entrance door shuts fast as soon as possible and the entrance door shuts down at the entrance, and caused the accident caused by the body in the entrance (hereinafter “the accident in this case”).

According to the above facts, the defendant neglected his duty of care to prevent safety accidents by making sufficient maintenance in operating electric trains in advance, and the accident of this case occurred.

Therefore, the plaintiff is responsible for compensating for damages suffered by the plaintiff.

B. Limit of liability: Provided, however, the Plaintiff was negligent in boarding the train without examining the opening and closing of entrance in using electric trains, which are mass means of transportation, and the occurrence of the instant accident was also caused.

Therefore, in calculating the amount of damages, it is reasonable to consider the degree of negligence as 30%.

2. Scope of liability for damages

A. According to the evidence evidence Nos. 7 and 8, the Plaintiff’s expenses for the treatment of the king incurred due to the instant accident are acknowledged to have a total of 8,450,420 won. If the Plaintiff reflected 50% of the contribution to the king as follows, it is reasonable that the king treatment expenses incurred due to the instant accident is KRW 4,225,210.

B. The loss of lost earnings equivalent to the monetary total appraised value of the capacity of operation lost by the Plaintiff due to the accident in this case is based on the facts of recognition and assessment as follows (1) and according to the discount method deducting intermediary interest at the rate of 5/12 per month as follows (2), it is as follows:

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