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(영문) 서울중앙지방법원 2015.09.17 2014가단186100
손해배상(기)
Text

1. The Defendant’s KRW 10,877,427 as well as the Plaintiff’s annual rate from May 3, 2014 to September 17, 2015.

Reasons

1. Facts of recognition;

A. On May 3, 2014, around 17:30 on May 3, 2014, the Defendant was playing with children at the front 210-dong, Seoul Special Metropolitan City C Apartment 210.

The Defendant was faced with the Plaintiff that she was coming to the left side when she moved to the left side to build a scambling hole.

The Defendant attached the Plaintiff’s first half to prevent the Plaintiff from getting off and sited the Plaintiff’s second half to his seat.

(hereinafter “instant accident”). (b)

After receiving emergency treatment at a nearby D Hospital, the Plaintiff was hospitalized in the Bolar Hospital on the same day and was under close inspection.

The plaintiff was diagnosed as having suffered an injury to the upper left-hand alley, and received an anti-refluence on May 8, 2014 on the left-hand top-hand top-down.

C. The place where the instant accident occurred is located in front of 210 dongs, and is located between the India and the Eddialton that the residents pass, and the vehicle traffic is prohibited.

[Ground of Recognition: Facts without dispute; Gap evidence 3-1, 2, Gap evidence 4-1, 1-6, Eul evidence 1-3-1 through 7; the result of the appraisal commission to the head of the Katol University Seoul Scar Hospital; the purport of the whole pleadings]

2. Determination

A. According to the above fact of recognition that the liability for damages occurred, it shall be deemed that the accident in this case caused the injury to the plaintiff to the left-hand end of the upper-hand end of the death, and therefore, the defendant is liable to compensate the plaintiff for the damages incurred thereby.

B. The limitation of liability for damages: (a) the Plaintiff and her children walk back to the Defendant’s rear side by looking at the shape of the Defendant’s string, the Defendant, including the Plaintiff, did not see that the Plaintiff was coming from her rear side; (b) the degree of shock between the Plaintiff and the Defendant seems to have been relatively minor; and (c) where there was an old and alley reduction, only a minor contact or a string, if there was a decline in string.

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