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(영문) 수원지방법원여주지원 2017.05.17 2016가단55563
손해배상(기)
Text

1. The Defendant’s KRW 24,668,820 as well as the Plaintiff’s annual rate of KRW 5% from August 11, 2016 to May 17, 2017.

Reasons

1. Basic facts

A. The plaintiff and the defendant are relatives.

B. At around 12:00 on February 4, 2015, the Defendant: (a) used electric saws to cut trees in the middle of the Gyeonggi Pyeong-gun C, and (b) sought assistance from the Plaintiff.

The defendant had been well aware of the tree while moving to the defendant, and the tree that was well known was exceeded in the direction of the plaintiff.

The plaintiff was trying to avoid trees, and the above trees covered the plaintiff's chest part, etc., and the plaintiff suffered injuries, such as the damage to the fluenite 12 and the flusium 12 pulse flusium, and the flusium flusium flusium on the left side.

(hereinafter “instant accident”). C.

On July 3, 2015, the Defendant received a summary order of KRW 2 million due to the crime of injury resulting from the instant accident from negligence in relation to the fact of injury in the Suwon District Court (No. 2015 High Court Decision 1786).

The above summary order was finalized as it is. D.

According to the instant accident, the Plaintiff spent 20,409,800 won in total [1.3,485,060 won in total for the medical expenses of the Ganyang University Hospital Hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital hospital

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 7 (including branch numbers in case of additional number), the purport of the whole pleadings

2. The defendant is liable to compensate for damages since he may cause harm to the surrounding persons while exceeding the well-known trees when he was a tree in mountain and thus, even though he was negligent in doing so despite the duty of care to prevent the occurrence of such danger, he did not ensure safety distance, and he was negligent in doing so, thereby causing injury to the plaintiff by covering the plaintiff's body by his negligence. Thus, the defendant is liable to compensate for such damage.

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