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(영문) 수원지방법원 2017.07.07 2014가합15883

손해배상(기)

Text

1. The Defendant’s KRW 16,802,563 as well as the Plaintiff’s annual rate of KRW 5% from April 27, 2013 to July 7, 2017.

Reasons

1. Occurrence of liability for damages;

A. The Plaintiff, from April 201 to April 1, 201, is a original farm (hereinafter “the original farm of this case”) on one parcel, including the wife C, and on one parcel, from the wife population in Chungcheongnam-si (hereinafter “instant original farm”).

(2) Around 9:00 a.m. on April 27, 2013, the Defendant: (a) found the Plaintiff on the original farm of this case and claimed malodor against the excreta; (b) provided the victim’s head one time with the spepe (94cm in length, 20m in diameter) which is a dangerous object in the vicinity; and (c) caused the Plaintiff’s head and face two times again with the speaker’s head and face in a pipe; and (d) inflicted injury on the Plaintiff, such as external speaking, which requires treatment for about 42 days.

(3) The Defendant was sentenced to imprisonment with prison labor for a year and six months, suspension of execution for a violation of the Punishment of Violences, etc. Act (a collective injury, deadly weapons, etc.) by committing the facts set forth in the above paragraph (2) (hereinafter “instant tort”), and was sentenced to imprisonment with prison labor for a period of two years (U.S. District Court 2013No2250, No. 2013No4052), and the above judgment became final and conclusive on December 20, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, 2-2, Gap evidence 2-3, the purport of the whole pleadings

B. The Defendant is liable for compensating the Plaintiff for the damages caused by the tort of this case, since the Defendant sustained the above injury to the Plaintiff.

2. The calculation of the current value at the time of the accident of the scope of damages liability shall be based on the method of deducting intermediate interest at the rate of 5/12 per month.

In principle, the period for the convenience of calculation shall be calculated on a monthly basis, but the period of less than the last month and less than KRW 1 shall be discarded.

In addition, it is rejected that the parties' arguments are not stated separately.

1) Personal data DNA male (the remaining 39 years of age and 11 months of age at the time of the accident) shall be 40.