2. Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act).

3. The judgment of partial dismissal of the case is that the amount of comparative negligence and consolation money cannot be the subject of confession or confession as a matter of ex officio examination, and it is judged accordingly.

Even in cases of intentional tort by negligence, if limitation of liability is recognized, but it does not result in a result contrary to the principle of equity or good faith, it is possible to limit liability based on the principle of comparative negligence or the principle of fairness.

(see, e.g., Supreme Court Decision 2011Da80968, Mar. 29, 2012). As seen earlier, the Defendant was convicted of the Plaintiff’s injury by assault and injury. However, the Defendant’s liability is limited to 70% of the Defendant’s liability by comprehensively taking into account all the circumstances, including the details, process, degree, etc. of assault and injury inflicted upon the Plaintiff, and the degree of assault and injury.

B. The amount of consolation money shall be determined as KRW 8,00,000, taking into consideration the Plaintiff’s age, the reasons why the Plaintiff sustained an injury, the degree of fault of both parties, the degree and degree of disability in the aftermath, and all other circumstances revealed in the argument of this case.

C. According to the conclusion of the lawsuit, the Defendant: (i) KRW 56,768,946 [The sum of active damages KRW 51,768,946 [the sum of KRW 51,76,95,638 [the sum of KRW 73,95,638 [the amount of KRW 55,567,118 [the amount of daily lost income excluding the duration of hospitalization]; (ii) KRW 7,764,342 excluding the duration of hospitalization; (iii) nursing expenses 1,267,168; (iv) x 70/100; and (v) below KRW 3,00,000]; and (iv) the Defendant’s performance of his/her duties from October 21, 2014, which is the date of the tort in this case].