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(영문) 의정부지방법원 2017.07.18 2016가단106223

손해배상(기)

Text

1. The Defendant’s KRW 25,413,379 for the Plaintiff and 5% per annum from June 19, 2015 to July 18, 2017.

Reasons

1. Facts of recognition;

가. 피고는 2015. 6. 19. 01:30경 남양주시 C에 있는 D 옆 주차장 앞에서 친구인 E를 발견하고 인사를 하였는데, 원고가 "뭘 쳐다봐"라며 피고의 멱살을 잡고 주먹으로 피고의 얼굴을 수회 때리자, 화가 나 원고의 얼굴을 수회 때리는 등 폭행하여 우측 안와 내측 및 바닥 파열 골절, 비골 골절 등 8주간의 치료가 필요한 상해를 가하였다.

B. For the foregoing criminal facts, the Defendant was issued a summary order of KRW 5,00,000 on February 26, 2016, and the Plaintiff was issued a fine of KRW 1,50,000 on the same day (the Government District Court Decision 2016 High Court Decision 2016 High Court Decision 19051) and only the Plaintiff raised an objection thereto. On February 6, 2017, the Plaintiff did not appeal after being sentenced to KRW 1,50,000, which is the same amount as the above summary order, and the said judgment became final and conclusive on February 14, 2017.

[Reasons for Recognition] Facts, absence of dispute, Gap evidence Nos. 1 through 2-3, 9, Eul evidence Nos. 1 and 5, the purport of the whole pleadings

2. According to the facts of the above recognition of the liability for damages, the Defendant was injured by the Plaintiff (hereinafter “instant tort”), and thus, the Defendant is liable to compensate the Plaintiff for the damages suffered by the Plaintiff.

3. Reference to the attached list of damages calculation within the scope of liability;

(a) Actual income 19,915,838 won (based on recognition) is significant to this court;

B. Medical expenses 1) Medical expenses 4,54,950 won (based on recognition 2) for future medical expenses 7,894,845 won (only 3,00,000 won for medical expenses of KRW 3,000,000 for general anesthesia expenses of KRW 600,000 for general anesthesia expenses of KRW 3,000 for medical expenses of KRW 3,000 for medical expenses of KRW 783,790 for general anesthesia expenses of KRW 600,000 for medical expenses of KRW 783,790 for medical expenses of KRW 31,055 for medical expenses) / [based on recognition ] The result of this court’s response to physical examination entrusted to the director of the women’s mother hospital of this case

(c) The limitation-liability items are calculated and indicated as "liability offsetting" items, and are offset by negligence.