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(영문) 서울중앙지방법원 2017.09.15 2016가단5167207

손해배상(기)

Text

1. The Defendant’s KRW 5,00,000 as well as its annual rate from June 5, 2014 to September 15, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 15:00 on June 5, 2014, the Defendant committed assault, such as: (a) while driving a DM7 car on the front of Gwanak-gu in Seoul Special Metropolitan City, the Plaintiff was trying to leave the car in front of the E-Habnbf car; (b) the Plaintiff was trying not to yield; (c) the Plaintiff was doing a dispute; (d) the Plaintiff’s head was cut off from the vehicle to the vehicle in front of the lane; (d) the Plaintiff was pushed down on the vehicle running on the side; and (e) was tight back to the floor on several occasions; (e) the Plaintiff’s face was taken due to breath; and (e) when the head was lost.

(hereinafter referred to as “instant tort”). B.

The Plaintiff suffered injury, such as felrings, fellings, etc., which require approximately four weeks of medical treatment due to the instant tort.

On September 17, 2015, the Defendant was prosecuted for the crime of injury and was sentenced to imprisonment for 8 months, 240 hours, 20 hours, and 40 hours, in the criminal trial of Seoul Central District Court 2015 Godan629.

[Ground of recognition] Evidence Nos. 1 and 2, Evidence Nos. 3-1 to 7, the purport of the whole pleadings

2. The plaintiff's assertion and judgment asserted that the defendant is obligated to pay 21 million won as compensation for mental damage suffered by the plaintiff due to the tort of this case.

In light of all the circumstances shown in the arguments in this case including the details and contents of the tort in this case, degree of injury suffered by the plaintiff, degree of criminal punishment against the defendant, origin, age of the defendant, family relationship, etc., it is reasonable to 5,00,000 won to be paid by the defendant.

Therefore, the defendant, from June 5, 2014, has a dispute over the scope or existence of the obligation of the defendant to the plaintiff as to consolation money of KRW 5,000,000 and its existence.