beta
(영문) 인천지방법원 2015.11.20 2014나18223

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

Reasons

1. Basic facts

A. On August 10, 2012, the Defendant: (a) during the dispute between the Plaintiff and the Plaintiff in front of the Nam-gu Incheon Southern-gu Down-dong Hall, the Plaintiff was hospitalized in the F Hospital located in Nam-gu, Incheon (hereinafter “instant accident”); (b) on the same day, the Plaintiff was hospitalized in the name of “F Hospital No. 4/5, 5/000, 1 in the vertebro closis, each of which is the “verted verteumum,” which is the “F Hospital located in Nam-gu, Incheon.”

B. On June 21, 1993, the Plaintiff received a disability grade 3 with the determination of disability grade due to an industrial accident, and had been performing several times prior to the instant accident, such as the 4-5th Tymary fixed operation around 2005, and around September 18, 2012 due to the aggravation of the existing spine disorder due to the instant accident, the Plaintiff was subject to performance-type and negotition in the Faum Hospital around September 2012.

[Reasons for Recognition] The fact that there is no dispute, the result of fact inquiry into the Incheon Metropolitan City Mayor of the court of first instance, the result of fact inquiry into the National Health Insurance Corporation, the result of physical examination of the head of the hospital of the first instance, the purport of the entire pleadings.

2. Judgment on the plaintiff's claim

A. According to the facts above, the defendant is found to have committed a tort by assault against the plaintiff. The defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case.

B. 1) The Plaintiff claimed that the king treatment expenses should be paid KRW 10,805,979 for treatment costs incurred due to the instant accident and KRW 20% for the instant accident, the Defendant should pay KRW 1,161,195 for the Plaintiff [2,161,195 for [2,161,805,979 won x 20% for the term payment]- KRW 1,000 for the term payment. The Defendant asserted that the Plaintiff shall pay KRW 1,00 for the term payment of KRW 3-1,23,4,6,8,9, and evidence 7-1,2,3,4,5,8,8,11,12,13,16, and evidence 12-1, 2, 2, 3, 3-4, 8, 9, and 7-7-2, according to the purport of each of the instant evidence No.