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(영문) 창원지방법원 2016.02.16 2015나34196
손해배상(산)
Text

1. Of the judgment of the first instance, the part of the judgment against the Plaintiffs, which ordered additional payment, shall be revoked.

Reasons

1. Facts of recognition;

2. The court's explanation on this part of the claim for damages is identical to the reasoning of the judgment of the court of first instance, as stated in the main text of Article 420 of the Civil Procedure Act.

3. Consolation money.

A. In calculating consolation money due to a tort of relevant legal principles, considering the circumstances on the part of the victim, such as the victim’s age, occupation, social status, property and living conditions, degree of suffering from damage, degree of negligence of the victim, etc. as well as the circumstances on the part of the perpetrator, such as the perpetrator’s intentional negligence, degree of the perpetrator’s intentional negligence, motive and cause of the harmful act, and attitude of the perpetrator after the illegal act, together with the principle of fair liability for damages. The court may determine the amount of consolation money at its own discretion, taking into account such various circumstances.

(see, e.g., Supreme Court Decision 2013Da209831, Feb. 27, 2014). (B)

In the case of this case, the following circumstances, which were known by the facts acknowledged earlier, Gap evidence Nos. 1 through 10 (including paper numbers), and the purport of the entire arguments, were 67 years of age at the time of the accident, the deceased's age was 67 years of age at the time of the accident, and he contributed to the occurrence of the accident and the expansion of damages by carrying out work without wearing a safety mother, and the deceased was 5 days of his work until the day of the accident. The deceased was in charge of field cleaning and surrounding adjustment before the accident of this case, but was put into the steel cutting work according to the direction of the defendant at the time of the accident of this case. With regard to the accident of this case, the plaintiff A was in charge of the accident of this case, 94,900,00 won as industrial accident insurance money, funeral expenses 9,539,140 won as 20,000 won, 300,000 won, 300 won, 300, 3000

Therefore, the defendant is against the plaintiff A 12,571.

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