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(영문) 인천지방법원 2017.08.08 2017나54411
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. In full view of the facts of recognition as to Gap's evidence Nos. 2 and 3, the results of the physical appraisal commission to the Macheon University Hospital of the first instance court, and the purport of the entire pleadings, the plaintiff suffered an accident that the plaintiff, around January 6, 2016, when he/she was receiving a sprinking operation at the Cgeice Center operated by the defendant, and at the same time he/she was receiving a sprinking operation, he/she was faced with a sprinking part on the left side of the bicycle (hereinafter "the accident of this case"), and as a result, it is recognized that the plaintiff left a 60m width on the left side of the sprinking part of the plaintiff.

2. Determination

A. According to the above recognition of the liability for damages, the Defendant is the occupant and owner of the bicycle installed in the Flag Center, and is liable for the damages incurred to the Plaintiff due to the defective installation or preservation of the bicycle.

B. 1) The scope of liability for damages in the future comprehensively taking account of the result of a physical appraisal commission to the incubacheon University Hospital of the first instance court and the purport of the entire pleadings, it is anticipated that the instant accident will result in the future medical expenses of KRW 2,650,000 for the treatment of the chests that occurred on the part of the Plaintiff in the end of the Plaintiff. The Defendant is liable to compensate for the above future medical expenses. (2) The Plaintiff alleged that the Plaintiff was unable to perform his duties for a considerable period of time due to the instant accident, and claimed for suspension of business equivalent to KRW 1,00,000,000. However, it is insufficient to recognize that the Plaintiff, who is engaged in the electronic commerce transaction business, sustained suspension of business equivalent to KRW 1,00,000 only by the statement of evidence No. 4, and there is no other evidence to acknowledge

3 limitation of liability, however, in light of the circumstances leading up to the occurrence of the instant accident, the Plaintiff appears to have used the sports organization with no particular attention, and the instant accident occurred. Such negligence of the Plaintiff also caused the instant accident.

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