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(영문) 수원지방법원 2016.11.03 2016나59041

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The following facts may be found either as a dispute between the parties or as a whole by integrating the purport of the entire pleadings in the entry in the evidence No. B No. 1:

원고는 2014. 8. 2. 서울 성북구에 있는 성북도서관 매직정보센터에서 앞자리에 앉은 피고가 코를 훌쩍거린다는 이유로 시비를 벌이다가, 위 매직정보센터의 안내데스크로 가서 사서에게 큰 소리로 필요한 조치를 취해달라고 요구하였다.

나. 피고는 위와 같은 장면을 목격하고, 위 안내데스크로 가서 손과 팔로 원고의 오른쪽 어깨를 감싸 안은 채 원고에게 밖으로 나가서 이야기하자고 하면서 손과 팔에 힘을 주었으며, 원고는 밖으로 나가지 않으려고 위 안내데스크를 붙잡고 버텼다(이하 ‘이 사건 가해행위’라고 한다). 다.

After that, the police officers reported by the plaintiff were dispatched to the site, and the plaintiff and the defendant's ditches were terminated.

2. Judgment on the plaintiff's assertion

A. The gist of the Plaintiff’s assertion was that the Plaintiff suffered injury, such as the pressure pressure on the right shoulder due to the Defendant’s instant harmful act, and that the Plaintiff incurred a total of KRW 100,000,00 in medical expenses due to the Plaintiff’s treatment or the taking of medicine at the hospital. As above, the Plaintiff suffered from loss of income equivalent to KRW 14,032 in the police station’s investigation as to the instant harmful act. Since the Plaintiff suffered serious mental distress due to the instant harmful act, the Defendant was obligated to pay the Plaintiff a total of KRW 3,00,000 in compensation for damages caused by the instant harmful act (i.e., KRW 14,00 in the cost of treatment, KRW 14,00 in the daily loss of KRW 2,75,968 in the daily loss of KRW 14,00 in the amount of KRW 2,75,968 in the damages for delay.

B. First, we examine whether the Plaintiff suffered an injury to the right shoulder by the Defendant’s harmful act of this case, and whether the Plaintiff suffered an injury, such as pressure, etc. on the right shoulder.