손해배상(기)
1. All appeals against the instant principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff) are dismissed.
2. The costs of appeal shall be the principal lawsuit.
1. The principal lawsuit and counterclaim shall also be deemed the facts of recognition;
A. On November 20, 2016, around 06:10 on November 20, 2016, the Defendant opened a string door in Busan Jung-gu and 402, where the Plaintiff was residing, and opened a string door and took time at one time the Plaintiff’s cream.
B. On May 2, 2017, the Defendant was issued a summary order of KRW 2,00,000 with the Busan District Court 2017 High Court Decision 20155 on the criminal facts of the above crime of intrusion upon residence and assault, and the said summary order was finalized on June 6, 2017.
C. The defendant is the above A.
The plaintiff filed a complaint with the defendant at the time and place stated in the paragraph, on the ground that the plaintiff suffered from an injury requiring medical treatment for 21 days, but the prosecutor in charge of the Busan District Prosecutors' Office did not prosecute the plaintiff on the ground that there is no evidence to prove the above injury on June 7, 2017.
[Ground of recognition] Facts without dispute, Gap evidence 1, 2-4 of evidence Nos. 2 and the purport of the whole pleadings
2. Determination as to the principal lawsuit
A. According to each of the above evidence, Gap evidence Nos. 2-1 and 2-2 and the purport of the whole pleadings, the defendant's assaulted the plaintiff as above and suffered injury to the plaintiff (hereinafter "the injury of this case"), such as the chills and tensions and tensions of the part of the plaintiff's title and unknown part, and tensions and tensions of external stresse symptoms, etc., and the above act constitutes tort against the plaintiff. Thus, the defendant is liable to compensate the plaintiff for damages caused to the plaintiff.
B. According to the above evidence and the purport of the whole arguments, the plaintiff's payment of KRW 110,00 for medical expenses is recognized, and since it is apparent in light of the empirical rule that the plaintiff suffered mental suffering from the injury of this case, the defendant is obligated to do so in money. Thus, the situation and circumstance at the time of assault as mentioned above, the part and degree of injury, the plaintiff's age, and other arguments of this case.