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(영문) 인천지방법원부천지원 2019.02.13 2017가단2771

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 4,039,287 to the Plaintiff (Counterclaim Defendant) and its related amount from September 21, 2016 to February 13, 2019.

Reasons

1. Basic facts

A. The plaintiff and the defendant are neighboring neighbors.

On September 21, 2016, at around 19:00, the Defendant suffered injury to the Plaintiff, such as the Plaintiff’s frighting land and the damage of power lines, etc. that require treatment for about 35 days by putting the Plaintiff at the Plaintiff’s house located in Yongcheon-gun, Chungcheongnam-do, in the presence of the Plaintiff’s house, and putting the Plaintiff at a dispute with the Defendant by putting the Plaintiff a horse, such as “in-house drinking frighting,” etc., and putting the Plaintiff at his seat while doing so, the Defendant sustained the Plaintiff’s shouldering land of the right shoulder that needs treatment for about 35 days.

B. The Plaintiff, as his hand, was injured by the Defendant in a breath’s bomb, and was pushed and pushed down with breath, thereby damaging the Defendant for approximately twenty-one days, and there was no open breameral room in need of treatment.

C. On December 26, 2016, the Plaintiff was sentenced to a summary order of KRW 500,000, and the Defendant was sentenced to a fine of KRW 700,000,00, in a case where the Defendant was indicted for each injury as a result of the above Nos. 1-A and 1-B, and was issued at the resident residence support of the Daegu District Court.

[Ground of recognition] Facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 4-1 to 10, Eul evidence 1 to 4, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts acknowledged above, the defendant is liable to compensate the plaintiff for damages caused by the injury.

B. Restrictions on liability for damages: (a) considering the aforementioned evidence and evidence Nos. 9, B No. 10, and B’s evidence No. 12 and all the circumstances known by the purport of the entire pleadings, namely, the developments leading up to the instant accident, the details and mode of tort by the plaintiff and the defendant, the degree of the injury suffered by the plaintiff due to the instant accident, the degree of damage caused by the Plaintiff’s injury, and the damage to the backside of the backside and the power lines, it is reasonable to limit the defendant’s liability for the above Plaintiff’s property damage to 60% according to the principle of fairness.