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(영문) 대전지방법원 2016.11.25 2016나4660
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

At around 00:40 on December 7, 2014, the Plaintiff recognized the liability for damages, on the ground that, while drinking alcohol in the “Datin” located in Boan City, the Defendant reported the fact of driving under his own influence to the police, the Plaintiff followed the Defendant on the ground that he reported the fact of driving under his influence of alcohol, and continued to collect the trees from the Defendant, and went beyond the next floor by the Defendant’s driver’s buck, who continued to be on the part of the Defendant.

On the other hand, the defendant saw the plaintiff's bridge up to the floor, saw the plaintiff's right side by drinking, and caused the plaintiff's body to go through about 6 weeks of treatment, and suffered injury, such as a dypus, including three frys, which require approximately 6 weeks of treatment.

On August 19, 2015, the Defendant received a summary order of KRW 3,000,000 (the Daejeon District Court Branch Decision 2015 High Court Branch Decision 2015 High Court Decision 4847), and the said summary order became final and conclusive around that time.

[Grounds for recognition] The Defendant’s liability is limited to 50%, taking into account the following facts: (a) the absence of dispute; (b) the description of evidence Nos. 1, 2, and 5; and (c) the limitation of the purport of the entire pleadings; and (d) the Plaintiff’s liability for the entire pleadings was first committed by assaulting the Defendant and his/her conduct; and (b) the Plaintiff’

It is recognized that the plaintiff paid 271,200 won for medical expenses from the above injury.

Since it is recognized that the plaintiff was working in the assembly department of E company at the time of the occurrence of the instant case, the daily unit wage rate of 112,867 won shall be applied to the report on the investigation of the actual status of construction business wages (the assembly, installation, adjustment, inspection, maintenance and repair of general machinery and equipment and machinery, and the job number 1051).

Meanwhile, although the period of treatment is specified in the injury diagnosis document as 42 days, in light of the fact that the Plaintiff received benefits of KRW 1,370,000 from E Co., Ltd. on January 12, 2015 and KRW 500,000 on January 16, 2015, the period during which the Plaintiff was unable to perform the actual work due to the injury.

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