(영문) 서울중앙지방법원 2016.11.04 2015나57088

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Reasons

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글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 서울중앙지방법원 2016.11.04 2015나57088

손해배상(산)

Text

1.The judgment of the first instance, including a claim modified at the trial, shall be modified as follows:

The defendant.

Reasons

1. The reasoning of the court's explanation concerning this case is as follows, and this part of the judgment of the court of first instance is as stated in the reasoning of the judgment of the court of first instance, except where part of the judgment of the court of first instance is used as follows. Thus, this is accepted in accordance with the main sentence of Article 420

2. The calculation table of damages in Section 7 of the judgment of the first instance court, and in Section 8, “the calculation table of the amount of damages” shall be replaced by the following table, and the calculation table of the amount of other damages in Section 11” shall be deleted.

The third to eight pages of the judgment of the first instance court shall be followed by the following:

According to the facts of recognition of the above limitation of liability, the plaintiff, as a non-afrosor, did not actively demand the defendant to take safety measures, such as the provision of safety equipment or the installation of safety facilities, which can prevent the fall of the defendant, while working in a place at a risk of falling as a non-afrosor, and the defendant's liability is limited to 80% in consideration of the fact that the above non-afrosor was installed at the work site before. The above non-afsort of the judgment of the first instance court is limited to 4, 8, and 9.

On April 1, 2015, the date on which the disability grade is determined, as requested by the plaintiff, and calculated from the day after April 1, 2015 until the day after the date on which the operation is completed. The 4th to 5th of the judgment of the first instance shall be deleted.

From 5th to 12th of the judgment of the court of first instance, the following shall apply:

“Restriction on Liability: 80% of the Defendant’s liability (the foregoing 1-C).

see Paragraph 1

(f) Mutual aid: 176,120,270 won for lump-sum disability compensation (average wage of 119,484.58 x 1,474 days);

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참조조문

-민사소송법 제420조

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