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(영문) 의정부지방법원 2020.08.12 2018가단23209
손해배상(기)
Text

1. The Defendants jointly share KRW 14,105,045 with respect to the Plaintiff and Defendant B Co., Ltd. from November 18, 2017.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Nonparty D is the representative operating a restaurant in the name of “E” located in Pocheon-si. 2) On November 8, 2017, the Plaintiff ordered the restaurant to be a customer on the restaurant as of November 19, 2017. The Plaintiff, an employee of Nonparty D, issued an order to hold a bath to the Plaintiff. In the process of setting up the box on the front of the Plaintiff, F, an employee of Nonparty D, who was the employee of Nonparty D, was in the event of the Plaintiff’s investment of the mobing of the mobs into the Plaintiff (hereinafter “instant accident”).

3) Due to the instant accident, the Plaintiff suffered bodily injury, i.e., 200 parts of Tongbbucks, bucks, and bucks. 4) Meanwhile, Nonparty G, who was the Plaintiff’s male-gu, concluded a daily life insurance contract with Defendant B Co., Ltd. (hereinafter “Defendant 1”), and Nonparty D entered into a business liability insurance contract with Defendant C Co., Ltd. (hereinafter “Defendant 2”).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1 through 3 (including paper numbers), the purport of the whole pleadings

B. In light of the following circumstances, Defendant 1’s liability as to the instant accident is determined to have occurred due to the negligence of Nonparty G, which could have been known by the above fact of recognition, and Defendant 1 is liable for compensating the Plaintiff for the damages caused by the instant accident as an insurer of G.

(1) G deemed that an employee F has loaded posts containing heavy stuffs, and that he/she was seated immediately adjacent to the table he/she was seated.

② Nevertheless, G dialogueed with the father’s parents who were seated up until the F was laid on the stuff, and caused F to drop up the g’s hand by putting the g’s hand into his own hand to drop down the g.

③ Even if G was unable to see F’s behavior because G had been set up in the following parts of G, G showed that F had laid down the hand gate with which it was set up, and as such, F has set up F’s piling up safely.

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