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 December 8, 2015, around 16:40 on December 8, 2015, the Defendant: (a) assaulted D in front of the Jeonnam-gun C apartment guard room; (b) caused the Plaintiff to drinking the Plaintiff’s chin on one occasion.
Accordingly, the plaintiff suffered bodily injury, such as an Absia, in need of medical treatment for about two weeks.
(hereinafter referred to as “instant accident”). B.
On March 30, 2016, the Defendant received a summary order of KRW 3,000,000 from the instant accident, and the said summary order became final and conclusive as it is.
(Seoul District Court 2016 High Court No. 2290). C
In order to treat the injury inflicted by the instant accident, the Plaintiff spent KRW 1,540,089 at an E Hospital (i.e., KRW 1,259,876 KRW 250,753 KRW 29,460), and KRW 298,00 at an Jeonnam University Hospital (i.e., KRW 21,570 KRW 21,570 KRW 21,570 KRW 21,570 KRW 21,570 KRW 21,570 KRW 29,680 KRW 167,180), at a F Pharmacy, KRW 38,250 (= KRW 12,750 + KRW 3) at a G dental clinic, and KRW 50,00 at a G dental clinic.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, 5, and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings
2. Occurrence of and limitation on liability for damages;
A. According to the above facts of recognition of the liability for damages, since the defendant committed a tort of assaulting and injuring the plaintiff, the plaintiff is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.
B. Considering all the circumstances revealed in the instant pleadings, such as the background leading up to the instant accident, etc., it is reasonable to view the Plaintiff’s negligence as 20%.
3. Scope of liability for damages
A. Property damage 1) In order to treat the injury suffered by the Plaintiff due to the instant accident (i.e., KRW 1,926,339 in total (i.e., KRW 1,540,089 in KRW 298,00 in KRW 38,250 in KRW 50 in total). As seen earlier, the amount of damages equivalent to the Plaintiff’s treatment cost is KRW 1,926,339 in total.
In this regard, the plaintiff is not a KRW 1,820,320, but a KRW 1,540,089.