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(영문) 의정부지방법원 2017.01.17 2015가단125678

손해배상(기)

Text

1. The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) is either KRW 3,434,885, and KRW 5,886,847 and each of them is against the Plaintiff-Counterclaim Defendant A.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The Defendant is a person who operates a restaurant with the trade name of “F” in Namyang-si, Namyang-si, and around 20:50 on May 1, 2015, the Defendant came to have a dispute with the Plaintiffs operating the same type of fishing gear from “F” due to the construction work with the Plaintiffs operating the restaurant “G.” However, when the Plaintiff B fights with the Defendant at one time due to the Defendant’s desire defect, the Defendant suffered an injury, such as an an alley bridge, etc., upon considering the Plaintiff B’s face at one time due to the Plaintiff’s desire defect, and caused the Plaintiff B to suffer an injury, such as an alley bridge, etc., in need of approximately three weeks of treatment, and the Plaintiff A took a face with the face of the Plaintiff A, and caused the Plaintiff’s injury, such as an injury within the left part of the mouth and the mouth column, etc. (hereinafter “instant tort”).

B. The Defendant was issued a summary order as the District Court No. 2015 High Court Decision No. 2015 High Court Decision No. 15975 for the above facts constituting the crime, but requested formal trial, and was sentenced to a fine of KRW 2,00,000 for the crime of injury by the above court on September 1, 2016.

Since then, the defendant appealed and continues to exist as the District Court 2016No2449.

[Reasons for Recognition] Facts, non-contentious facts, Gap evidence Nos. 1 through 4, 7, 9, and the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. The Defendant’s assertion 1) paid KRW 1,825,770 to the Plaintiff A for medical expenses due to the instant tort, and incurred loss of KRW 938,352 for the total amount of KRW 12,764,129 for the total amount of KRW 10,00,000 for the total amount of KRW 12,764,129, which was not operated for 10 days during the period of hospitalization. The Defendant shall compensate the Plaintiff B for KRW 747,110 for the instant tort. 2) The Defendant shall compensate the Plaintiff B for the total amount of KRW 476,958, KRW 10 for the future medical expenses, KRW 2,900,00 for the medical expenses, KRW 2,900 for the future medical expenses, and KRW 14,124,068 for the seven days during the period of hospitalization.

3 The defendant shall pay the plaintiff C medical fees of KRW 14,00,00 due to the tort of this case.