손해배상(기) 청구
1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked, and
1. Basic facts
A. The plaintiff is a security guard working in Tong Young-si apartment, and the defendant is a resident of the above apartment.
B. On April 1, 2017, the Defendant, around 08:00, went through the door door of the above apartment guard room, and pushed the Plaintiff’s shoulder part, which had been located there, and considered as the Plaintiff’s sound.
As above, the Defendant received a summary order of KRW 500,000,000 due to criminal facts that destroyed the lower part of the lower part of the security room and assaulted the Plaintiff. The above summary order became final and conclusive by the Defendant’s withdrawal of a request for formal trial therefor.
[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion sought payment of KRW 3,00,000 as compensation for active damages sustained by the Defendant’s assault, for the amount of KRW 222,40, and for the amount of KRW 301,042 as lost income during the hospitalization period, and for mental damages.
B. The facts that the Defendant used the Plaintiff’s assault are as seen earlier, so the Defendant is liable to compensate the Plaintiff for damages incurred by the tort, namely, the above assault.
According to the overall purport of the statements and arguments by evidence Nos. 6 and 7 as to the scope of compensation for damage, the Plaintiff is recognized to have been hospitalized in the hospital from April 1, 2017 to April 7, 2017, after being treated as her bet and her bet and her bet, at the hospital. < Amended by Presidential Decree No. 28100, Apr. 4, 2017 to April 7, 2017>
However, circumstances acknowledged by the aforementioned evidence and evidence No. 1’s overall purport of video and pleadings, namely, ① the Defendant committed assault, such as the Plaintiff’s shoulder in the guard room, and subsequently, the Plaintiff and the Defendant got out of the guard room and got out of the room, but the Defendant did not seem to have pushed out the Plaintiff, and ② the Defendant did not appear to go out of the guard room.