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(영문) 부산지방법원 2018.05.04 2017나7979
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. The defendant is an operator of Tyl and waterproof Construction Business Co., Ltd., and the plaintiff is an employee of the above "C".

B. On November 25, 2016, at around 00:45, the Defendant, along with the Defendant, performed violence, such as drinking alcohol with the Plaintiff in relation to the work that the Plaintiff told that “10,000 won was no longer available” and drinking alcohol with the Defendant, and the Plaintiff exercised the Defendant’s face once a drinking, etc., against which the Plaintiff spawned the Plaintiff’s face, and spawn up the Plaintiff’s face up to 10 times, and spawn up to 10 times. The Defendant spawned the Plaintiff’s face on board the ship, and spawnd up the Plaintiff’s boat.

C. As a result, the Defendant inflicted injury on the Plaintiff, such as inside and outside heat, and pelpelto, which require treatment for about 21 days.

[Ground of recognition] Facts without dispute, Gap evidence 6 to 20 evidence, Eul evidence 1 to 15 (including branch numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts of recognition of the above liability for damages, since the injury of the plaintiff of this case was caused by the defendant's intentional tort, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

B. However, according to the evidence mentioned above, the plaintiff's liability is limited to 60% of the defendant's liability in consideration of the above facts.

3. The calculation of the current value at the time of the accident of the scope of damages liability shall be based on the method of deducting intermediate interest at the rate of 5/12 per month.

A. Gender on the basis of the calculation of the lost income 1) that is based on the calculation of the lost income: The date of birth of a male: The age of 25 years: The actual income of 9,882 won per day of urban daily wage in the second half of 2016: 6 days from November 25, 2016 to November 30, 2016 (the plaintiff is seeking the daily income from November 25, 2016 to February 21, 2017, while the plaintiff is seeking the actual income from November 25, 2016 to November 30, 2016.

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