손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Occurrence of liability for damages;
A. The facts of recognition (1) around January 13, 2017: around 15:17, the Defendant committed assault, such as: (a) the Plaintiff, on the ground that the Defendant, located in Gangseo-gu Seoul Metropolitan Government, brought the Plaintiff into the Defendant’s shop without permission in front of the 'D’ 'D' 'D' which is operated by the Defendant located in Gangseo-gu Seoul Metropolitan Government, for the purpose of probing the leaflet, by putting the string of the Plaintiff’s neck into her hand, and tightly
(2) Although the Defendant was charged with the above criminal facts, on March 29, 2017, on the grounds that “the victim was admitted to a restaurant without the Defendant’s permission, and was somewhat contingent in the process of misunderstanding the victim as a theft point and confirming the contents of the door, and was likely to have committed a crime, and the victim’s degree of damage is minor” was suspended from indictment.
[Ground of recognition] Unsatisfy, entry of Gap evidence 2, purport of whole pleadings
B. According to the above facts of recognition, since the defendant can recognize that he intentionally inflicted an assault on the plaintiff, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.
2. Scope of damages.
A. The Plaintiff’s claim details claim amounting to KRW 112,90, KRW 120,000, KRW 120,000, KRW 170,000, KRW 170,000, and KRW 3,000, in total, for damages.
Although the sum of the items sought by the Plaintiff is '3,002,900 won', it shall be judged as 3,000,000 won for which the Plaintiff seeks the upper limit of the amount of damages recognized.
(B) In full view of the purport of the entire pleadings in the statement of evidence No. 2 (personal evidence) as to the judgment, the Plaintiff may be found to have incurred KRW 112,90,00 in proximate causal relation with the Defendant’s assault, as the Plaintiff was diagnosed by the Embryptian Department on January 13, 2017. (2) The Plaintiff is deemed to have suffered losses in proximate causal relation with the Defendant’s assault. (2) Although the Plaintiff sought KRW 1,120,000 from the daily income (each Plaintiff is the daily income), the Plaintiff is hospitalized or capable of working due to the Defendant’s assault only by means of the statement No. 1.