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(영문) 의정부지방법원 2021.01.28 2020나207957

손해배상(기)

Text

Of the judgment of the first instance, the part against the plaintiff falling under the following amount shall be revoked.

The defendants are the defendants.

Reasons

1. Basic facts

A. The Defendants are siblings, and are the Plaintiff and the deceased.

B. On July 15, 2016, the Defendants were sentenced to a fine of KRW 700,000 for each of the following offenses (joint injury) by violating the Punishment of Violences, etc. Act (hereinafter “Joint Injury”). The above judgment was finalized through the appellate court (Seoul District Court 2016No. 2849).

around 15:00 on October 10, 2015, the Defendants: (a) stated that the Plaintiff was against Down-gu, Incheon, Seo-gu Down-gu, Incheon; and (b) stated that “Until the time the Plaintiff was able to hear how the land would have been increased or damaged; (c) Defendant B was pushed the Plaintiff, etc.; and (d) Defendant C went beyond the stairs in front of the Plaintiff’s name and arms.

The Defendants jointly inflicted injury on the Plaintiff, such as salt, tension, etc. in the cryp of cryp that requires approximately three weeks of treatment.

(c)

B. The Plaintiff received hospitalized treatment at the F Hospital from October 10, 2015 to October 12, 2015 due to the injury described in the said paragraph.

[Ground for recognition] Unsatisfy, Gap evidence No. 2, the purport of the whole pleadings

2. According to the facts of recognition as above, the Defendants were liable to compensate the Plaintiff for damages caused by the said tort, as they committed an illegal act causing injury as stated in Article 1-2(2) to the Plaintiff (hereinafter “instant illegal act”).

3. Scope of liability for damages

A. Comprehensively taking account of the overall purport of evidence evidence evidence No. 3, the Plaintiff received hospitalized treatment from October 10, 2015 to October 12, 2015 due to the instant tort and sustained damages incurred in totaling KRW 870,740,00 for medical expenses.

The plaintiff asserts to the purport that "the plaintiff sustained losses from the total amount of 1,268,260 won for additional medical expenses incurred by the tort of this case."

However, the evidence evidence Nos. 1, 2, 3, and 4 can only be written on the ground that the Plaintiff had been at least five months since the date of the tort in this case.