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(영문) 대전지방법원천안지원 2020.08.19 2019가단117312

손해배상(기)

Text

1. The Defendant’s KRW 28,620,352 as well as 5% per annum from October 27, 2018 to August 19, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On September 2, 2017, around 05:40 on September 2, 2017, the Defendant: (a) talked with the folder in the restaurant located in Seo-gu, Seo-gu, Seo-gu, Seo-gu; (b) talked with the Plaintiff’s face to drinking at the parking lot; (c) assaulted the Plaintiff’s face to drinking again; and (d) accordingly, the Plaintiff suffered injury, such as the mouth of the sphere and the sphere of the sphere at the left side of the sphere, under which the Plaintiff needs to receive approximately eight weeks of treatment.

B. The Defendant was indicted for summary on the ground of the foregoing facts by this court’s summary order of KRW 4,00,000 on April 11, 2018, and the said summary order became final and conclusive around that time.

[Grounds for Recognition: Entry of Evidence No. 1-2, Evidence No. 1-2, and the purport of the whole pleadings]

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition that the defendant suffered damages of this case, since the defendant committed a tort that the plaintiff suffered damages of this case, the defendant is obligated to compensate the plaintiff for the damages incurred thereby.

B. At the time of the instant case’s limitation of liability, the Defendant’s liability is limited to 65% in consideration of the circumstances, etc. in which the instant accident occurred while the Plaintiff and the Defendant were in dispute with each other as a vision.

3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

(a) Personal data: male and D(2): Income equivalent to the daily wage (22 days of operation per month) of ordinary people in urban areas is expected to have been able to obtain income, and from the accident date of this case to the last day of the operation period.