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(영문) 서울동부지방법원 2017.05.24 2015가단48154

손해배상(기)

Text

1. The Defendants jointly share KRW 36,642,159 with respect to the Plaintiff, and the period from November 24, 201 to May 24, 2017.

Reasons

The Defendants, at around 07:20 on November 24, 201, were to be held liable for damages on the street before the main point of “G” located in “G” in Mapo-gu Seoul Metropolitan Government F, on the ground that H, sitting on the side table, was to be bad for the Defendants.

이에 H의 일행인 원고가 시비를 말리자 화가 난 피고들은 근처에 있던 위험한 물건인 소주병을 각각 집어 든 다음 피고 C, D이 소주병으로 원고의 머리를 수회 내리치고 피고들은 발로 원고의 온몸을 걷어찼다.

As a result, the Defendants suffered injury to the Plaintiff, in light of the Plaintiff’s body at the time of the Plaintiff’s head and its growth, and caused injury to the Plaintiff, such as the heart and the right-hand frame of the inner body in need of treatment for about six weeks.

(hereinafter “instant violence.” The Defendants were sentenced to a judgment of conviction on June 28, 2012 by the Incheon District Court (2012 high group 3129) for a violation of the Punishment of Violences, etc. Act (a collective deadly weapon, etc.) in relation to the instant violence, one year and six months (Provided, That in the case of Defendant E, three years of suspended execution).

【In light of the fact that there is no dispute, Gap evidence Nos. 1 through 6, and the purport of the entire pleadings, the defendants are liable to compensate for the damages suffered by the plaintiff as joint tortfeasor who has exercised the violence of this case.

In principle, the period of calculating the scope of compensation for damage 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.

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

In case of lost income: The date of birth and gender of the deceased in fact that the amount is recognized as KRW 23,813,509: The age of the deceased and the male income remaining before the age of 30 years: The wage operating period of the ordinary unit wage of the city: From November 24, 2011, which is the date of the instant accident, the plaintiff reaches 60 years of age.