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(영문) 서울북부지방법원 2020.04.23 2019가단109381

구상금

Text

1. The Defendant’s KRW 49,327,611 as well as 5% per annum from April 26, 2018 to January 23, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On November 2, 2017, at around 21:08, the Defendant disputed the issue of money with the deceased C (hereinafter “the deceased”) on the front side of the Seoul Northern-gu Seoul Northern-gu, Seoul (hereinafter “the deceased”). Around November 2, 2017, the Defendant: (a) sought a drinking face from the deceased; (b) took the son’s chest side of the deceased’s chest in hand; and (c) took the son’s bridge back on the deceased’s bridge; and (d) carried the deceased’s head on the part of the Defendant’s head; and (b) laid the deceased’s head on the floor and laid the deceased into a mixed water condition; and

(hereinafter referred to as the “instant tort”). (b)

On January 12, 2018, the Defendant was prosecuted for committing a serious injury as stated in paragraph (1) and was sentenced to a two-year conviction by imprisonment with prison labor from the above court on January 12, 2018, and the said conviction was finalized on January 20, 2018.

C. On April 20, 2018, the Seoul Northern District Prosecutors’ Office applied for the payment of disability relief funds to the Seoul Northern District Prosecutors’ Office, and on April 20, 2018, the Seoul Northern District Prosecutors’ Office Council rendered a decision that “The Deceased was disabled under class 1 subparag. 3 of the disability grade due to the Defendant’s criminal act listed in paragraph (1), and there was no fact that the Deceased was compensated by the Defendant, and 84,622,032 won was reduced by 10% in consideration of the progress of the occurrence of the instant serious injury crime,” and paid KRW 84,62,030 for the Deceased’s spouse’s disability relief fund.

On the other hand, on November 2, 2017, the deceased lost consciousness due to the above serious injury, and died on December 30, 2018.

Accordingly, the bereaved family members of the deceased filed a lawsuit against the defendant against the defendant for compensation for damages (affirmative damages, passive damages, consolation money, and consolation money for the deceased's family members) incurred by the tort in this case as Seoul Northern District Court 2018Gahap21054, and the above court held on August 14, 2019 "the defendant is liable to compensate the deceased for damages caused by the tort in this case, but the deceased's face first is the defendant.