손해배상(기)
1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the part seeking the payment of KRW 580,980.
1. We examine ex officio of the dismissed portion of the instant lawsuit as to whether the sum of KRW 580,980,00 for the medical expenses of July 10, 2014 for which the Plaintiff seeks payment as a part of the costs of medical treatment for the Plaintiff among the instant lawsuit is of interest in the lawsuit.
According to the evidence No. 12-3, 4, and 5 and the result of the physical examination commissioned by the court of first instance, the above medical expenses are deemed to have been paid for all inspection expenses for the physical examination after the court of first instance visited the designated hospital as a result of the plaintiff's request for physical examination. This is included in the appraisal expenses, and the amount paid as the litigation expenses can be repaid through the procedure for confirmation of the litigation expenses, and there is no benefit to seek a separate lawsuit.
Therefore, among the lawsuit of this case, the part seeking payment of the above KRW 580,980 among the lawsuit of this case is unlawful as there is no benefit of lawsuit.
2. Determination on the cause of the claim
A. Comprehensively taking account of the overall purport of evidence Nos. 10 and 11 (including paper numbers) of the Plaintiff’s liability for damages, the Defendant: (a) committed an injury on the part of the Plaintiff, i.e., the part of the Plaintiff’s face at around 05:00, on September 16, 2012, on the ground that the Plaintiff was in dispute with D on the front side of Gangdong-gu Seoul, Gangdong-gu, Seoul, for about 28 days, on the ground that the Plaintiff was demanded for early use; (b) the Defendant was sentenced to a penalty of fine of KRW 4,00,000 on June 14, 2013 on the part of the instant case as criminal facts, and the judgment became final and conclusive on June 22, 2013; and (c) the Defendant is liable to compensate the Plaintiff for the injury caused by the instant injury according to each of the aforementioned facts.
B. Furthermore, the scope of the Defendant’s liability for damages is as follows.
(1) Anthrasium: A evidence 8-1.