(영문) 수원지방법원 안산지원 2018.01.10 2015가단109881



1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,944 to each of the Plaintiff as well as Defendant B from October 31, 2015.


1. Basic facts are between the Plaintiff and D, and the Defendants are in line of society, and they are in line of work.

At around 00:50 on December 11, 2014, the Plaintiff, D, and the Defendants walked to the Defendant C, who was passing D on the front day of the members of Ansan-si E-gu, Ansan-si, and put the tobacco at a time.

Defendant B’s face duplicing duplicating the Plaintiff’s bat and duplicing the Plaintiff’s face duplicating, and duplicating the Plaintiff’s face by taking the Defendant C’s seat back, and caused injury to the Plaintiff, such as a pellet and weight eup.

The plaintiff also dumped the defendants' bats and batd the face of the defendant B once by drinking.

[Based on recognition] Evidence A 1-3, Evidence A 4, 5, Evidence A 1-2, each of the images of evidence A 8-4, evidence A 1-1-2, and evidence B 10-2

2. Determination on the main claim

A. According to the above facts, the defendants are liable to compensate the plaintiff as joint tortfeasor. 2) However, in the process of punishing the plaintiff and Sivia attached body fighting, the defendants suffered injury by taking the plaintiff into consideration during the process of punishing the plaintiff and Sivia attached body, and the plaintiff was partially negligent in relation to the harmful acts of the defendants, and such negligence of the plaintiff was caused by the occurrence and expansion of damage.

Therefore, in calculating the amount of damages caused by the harmful act by the Defendants, the above negligence of the Plaintiff shall be considered, and the facts and evidence acknowledged earlier are as follows. In other words, the Defendants, first of all, caused a fighting with D’s phrase “less the Plaintiff has no capacity to cut off the tobacco.” The Defendants were at the time of the Plaintiff’s face due to an outbreak and drinking after the Plaintiff’s go beyond, thereby resulting in the Plaintiff’s injury requiring medical treatment for about 21 days. However, the Defendants did not have any particular injury.