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(영문) 의정부지방법원 2015.09.04 2015나2677

손해배상(기)

Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the instant principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal lawsuit.

Reasons

1. Determination on the main claim

A. According to the facts without dispute over liability for damages, Gap evidence No. 1, Gap evidence No. 2-2, and Gap evidence No. 3, according to the whole purport of the pleadings, the defendant suffered injury, such as catum catum and tension, etc., for the plaintiff, while she had a dispute over the plaintiff's completion of construction of electric installations related to the plaintiff's house construction work and the payment of construction cost at the plaintiff's house construction site at the house located at Seocheon-si (hereinafter "the plaintiff's house") around December 16, 2013, while she had a dispute with the plaintiff as to the completion of construction of electric installations related to the plaintiff's house construction work and payment of construction cost.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the above injury.

B. 1) In order to treat the injury suffered by the Plaintiff from the Defendant, there is no dispute between the parties regarding the fact that the Plaintiff spent KRW 100,900 for medical expenses in order to treat the injury suffered by the Defendant. 2) In light of the circumstances revealed in the argument of the instant case, such as the background leading up to the Plaintiff and the Defendant’s assertion, the degree of injury suffered by the Plaintiff, it is reasonable

3) Meanwhile, the Plaintiff asserted that the document preparation cost of KRW 210,000 paid to the Defendant in order to file a complaint regarding the above injury (i.e., the document preparation cost of KRW 70,000,000, as well as KRW 140,000, as the recording cost of KRW 70,000, as well as the damage caused by the above injury. However, this part of the Plaintiff’s claim

C. Accordingly, with respect to the Plaintiff’s principal claim, the Defendant’s claim shall be 600,900 won as compensation for damages incurred from the above injury, and the Defendant’s claim shall be 5% per annum as stipulated in the Civil Act from December 16, 2013 to January 29, 2015, which is deemed reasonable for the Defendant to dispute as to the existence and scope of the above obligation and payment of damages to the Plaintiff.

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