beta
(영문) 부산지방법원 2015.07.17 2014가단234892

손해배상(기)

Text

1. The Defendant: (a) KRW 23,141,871; (b) KRW 4,000,000 to Plaintiff B; and (c) each of them, from January 22, 2015 to July 2015.

Reasons

1. In addition to the written statements in Evidence Nos. 1 through 15, Eul evidence Nos. 1 and 2, the defendant is the defendant's six copies of the entire pleadings. The plaintiff is the plaintiff's 7 head of the same apartment complex and the plaintiff Eul is the plaintiff's spouse. The defendant, from April 10, 2014 to 22:00, at the "F" head of the "F" head of the Dong-gu Busan City, the plaintiff et al., together with the plaintiff et al., during the period from April 21, 2014 to 22:00. The defendant at the time, even before the above "F" head of the Dong-gu, the plaintiff et al., while drinking together with the plaintiff et al., the water cleaning service right of the above D apartment, etc., the plaintiff et al., who continued to go through the plaintiff's left head and head of the plaintiff A, and the plaintiff's face of the plaintiff et al., during the process of the examination.

2. Determination on the cause of the claim

A. According to the facts established above, the defendant is liable to compensate the plaintiffs for the damages, since the defendant committed a assault by the plaintiff A, thereby causing damages to the plaintiffs.

However, according to the facts acknowledged above, while the plaintiff A and the defendant were in a breathic dispute, it is recognized that the defendant suffered a considerable contingent injury under the influence of alcohol. In light of all the circumstances such as the background leading up to the assault by the defendant, and the degree of the injury inflicted by the plaintiff A and the defendant, it is reasonable to consider the responsibility of the plaintiff A for the illegal act of this case as 10% and limit the defendant's liability for damages against the plaintiff A to 90%.

(b) Facts recognized after the scope of compensation for damages may be acknowledged in accordance with the whole purport of the pleadings in each entry of Gap evidence Nos. 1 to 15, and the period for convenience shall be calculated on a monthly basis, and it shall be less than the last month.