beta
부산지방법원 2017.01.20 2016나44780

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.

Reasons

1. Facts of recognition;

A. On June 25, 2013, the Defendant: (a) had the Plaintiff and the long-term in the General Welfare Center for the Aged located in Busan-gu, Busan-gu, had the Plaintiff go beyond the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of the upper limit of

(hereinafter “instant injury”). (b)

The Defendant was indicted by Busan District Court 2014Kadan5982 and was sentenced to eight months of imprisonment for the injury of the instant case. However, the Defendant appealed by the above court 2014No4605 and was sentenced to four months of imprisonment. In other words, the Defendant appealed by Supreme Court 2015Do7909, but the final appeal was dismissed and finalized as is.

C. Meanwhile, the Plaintiff received hospitalization and outpatient treatment from June 26, 2013 to April 14, 2014 due to the instant injury. However, the Plaintiff spent the total of KRW 2,349,524, including the sum of KRW 1,831,220 in the hospital treatment expenses, the sum of KRW 118,30 in the pharmaceutical expenses, KRW 118,304 in the pharmaceutical expenses, and KRW 40,000 in the purchase cost of assistive devices according to the prescription and surgery.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 12 (if there are provisional numbers, including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. The plaintiff's assertion is obligated to pay to the plaintiff the sum of KRW 2,349,524, and solatium 6,349,524, and delay damages for the plaintiff's property damage caused by the injury of this case.

3. Determination

A. According to the above facts of determination as to the cause of the claim, the defendant is obligated to compensate for total amount of KRW 2,349,524 of the damages sustained by the plaintiff due to the injury of this case.

In addition, since it is sufficiently recognized in light of the empirical rule that the plaintiff suffered mental suffering from the injury of this case, the defendant is obligated to do so in monetaryly, and further, with respect to the amount of consolation money, health expenses, the reasons why the plaintiff suffered the injury of this case, the parts, degree and amount of damages, and the punishment that the defendant received.