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(영문) 서울중앙지방법원 2015.04.22 2013가단157822
손해배상(기)
Text

1. The Defendant’s KRW 12,458,569 for the Plaintiff and KRW 5% per annum from February 10, 2010 to April 22, 2015.

Reasons

1. Occurrence of liability to pay insurance proceeds;

A. The facts of recognition (1) on February 10, 2010, the Plaintiff, a person engaged in a foreign tourist guide, was at around 19:15, 2010, and was at the first floor of the hotel located in Jung-gu in Seoul, Jung-gu, 30, which was operated by the hotel hotel (hereinafter referred to as the " hotel hotel") with the first floor of the hotel located in Jung-gu, Seoul. The Plaintiff was at the seat of the above hotel employee exceeding 30 cm with a carpet, the face and the body of which are set up at the inside of the entrance, while the Plaintiff was at the face of the substitute seat and the body facing the right door, and was at the right end of the bar, the upper part of the bar, the upper part of the right right side of the music, the injury of the bar, the upper part of the upper part of the bar, the right side part of the bar, the left part of the bar, the right side of the bar, and the drupture of the iron. (2) The Defendant was not liable for the insurer.

B. At the time of the instant accident, it constitutes a defect in the management of a public structure that did not take any particular safety measures by leaving a camera in the inside of the entrance, which is the passage of the persons having access to the hotel, at the time of the instant accident. Since such defect and the occurrence of the instant accident and the injury of the Plaintiff caused thereby, proximate causal relation is acknowledged between the occurrence of the instant accident and the Plaintiff’s injury, the Defendant, as an insurer of non-life insurance, is liable to pay the Plaintiff the insurance amount equivalent to the amount of damages that the hotel should compensate.

However, the occurrence of the instant accident cannot be deemed as one cause for the Plaintiff’s negligence in front of the Plaintiff in the course of walking, and it is recognized that the Plaintiff had influenced the Plaintiff’s physical physical factors even in relation to the occurrence or scope of the damages, such as medical expenses recognized below, and thus, in light of the ideology of the damage compensation system that sets the fair and reasonable allocation of the damages as the guiding principle, the scope of the Defendant’s liability for damages and the payment of the insurance proceeds therefrom is limited to 60%.

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