손해배상(기)
1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
The defendant.
1. Facts of recognition;
A. On February 20, 2017, the Plaintiff served as a daily salary inspector in the salary-making factory operated by the Defendant, but heard the phrase that he/she would return to his/her match because he/she was unable to work well from the employee C, and made a mutual dispute with one another by changing the daily allowance for one hour.
Accordingly, the defendant was found to have taken the plaintiff out of the factory due to the reason that it could interfere with the factory work.
B. The Defendant is above the Seoul Southern District Prosecutors’ Office on August 9, 2017.
The suspension of indictment was imposed on the act described in the paragraph.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, and the purport of the whole pleadings
2. Determination on the cause of the claim
A. According to the fact of recognition of the occurrence of damages liability, the defendant is liable to compensate the plaintiff for damages caused by the above assault.
B. 1) Active Damage 1) : The Plaintiff claimed that the Plaintiff spent at least KRW 4,290,280 for medical expenses and medicine expenses incurred by the Defendant’s assault. In full view of the overall purport of the entries and arguments as stated in the evidence No. 1-1, evidence No. 1-2, and evidence No. 28, and No. 29, the Plaintiff may recognize the fact that the Plaintiff spent at least KRW 100,00 for issuing the written diagnosis as the Defendant’s assault. However, the remainder of the evidence No. 1 and No. 2, except the above evidence, are insufficient to deem that the Plaintiff spent the remainder for treatment related to the Defendant’s assault. Therefore, the Plaintiff’s assertion other than the aforementioned part is not acceptable.) On the ground that the Plaintiff’s passive damage did not work for 12 months with the Defendant’s assault, and thus, the Plaintiff’s compensation for damages amounting to KRW 100,80,000 (average income of KRW 10,000) x 100).
However, there is no evidence to prove that the plaintiff did not work due to the defendant's assault.