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(영문) 인천지방법원 2016.08.17 2015가단248433
채무부존재확인
Text

1. The Plaintiff (Counterclaim Defendant) paid KRW 10,106,666 to the Defendant (Counterclaim Plaintiff) and its amount from July 26, 2015 to August 17, 2016.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Occurrence of liability for damages;

(a)The following facts are not in dispute between the Parties:

On July 26, 2015, around 14:35, the Defendant completed meals in the restaurant of “D” in the name of “D” operated by the Plaintiff in Yeonsu-gu Incheon Metropolitan City, Yeonsu-gu, Incheon, and suffered bodily injury, such as the right shoulder, revolving a part of a set which was covered by the floor, and the Defendant suffered bodily injury, such as the revolving of the right shoulder.

(hereinafter “instant accident”). (b)

According to the above facts of recognition, the plaintiff neglected to manage the show in the floor so that they do not walk up to the customers' growth while operating the restaurant. Thus, the plaintiff is liable to compensate for the damages suffered by the defendant due to the accident of this case under Article 758 of the Civil Act.

C. Meanwhile, in full view of the limitation of liability, the Defendant did not properly verify the floor condition of the front bank, as well as the overall purport of the written evidence Nos. 1, 1, 1, 1, and 1.

Therefore, the plaintiff's liability is limited to 70% by taking this into account.

2. In calculating the scope of damages, any amount below the cost for the convenience of calculation shall be discarded, and any difference between the parties’ claims shall be rejected.

Medical expenses: 10,651,190 won (= KRW 55,200 KRW 477,700 KRW 7,700 KRW 4,791,720 KRW 31,400 KRW 163,800 KRW 4,100 KRW 4,300 KRW 82,50 KRW 6,100 KRW 29,600 KRW 130,410 KRW 1,960,440 KRW 2,711,920)

(b) Expenses for assisting the bones of shoulderes: 120,000 won.

(c) Nursing expenses: 2,940,000 won per day (=70,000 won per day x 42 days);

D. It is recognized that the Defendant had received several medical treatments from May 24, 2012 to May 23, 2015, “vertebrate febrate and febrate” and the above A.

Since the medical expenses in the port include the medical treatment due to the king, the degree of contribution to the examination shall be 20%.

E. Property damage amount: 8,106,666 = [(i) medical expenses of KRW 10,651,190 x 80% of the subsidization cost of KRW 120,000, 2.

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