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(영문) 광주지방법원 2015.04.17 2014나14487

손해배상

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Plaintiff and the Defendant are all taxi drivers belonging to Csi companies.

B. At around 10:20 on January 30, 2014, the Defendant: (a) parked in the parking lot in the first floor of the Csi company located in Gwangju Mine-gu without replacing the window of the vehicle window; (b) carried the Plaintiff’s flick, flicking flick, and pushed the Plaintiff’s flick, flicking flicking flicking flick, and pushed flick flick flick flick flick.

(hereinafter “instant assault”). C.

On January 30, 2014, the Plaintiff received diagnosis of salt and tensions for two weeks in E Hospital, and disbursed KRW 96,94 as video diagnostic fees, etc. due to the instant assault.

On April 9, 2014, criminal conciliation was conducted between the Plaintiff and the Defendant on April 9, 201, but criminal conciliation was not constituted due to disagreement.

E. As to the instant assault, a summary order was filed, and the Gwangju District Court issued a summary order of KRW 500,000 to the Defendant on April 11, 2014 (a summary order of KRW 2014 high-ranking405).

【Ground for recognition】 Each entry of evidence Nos. 1, 2, 4, 5, and 6, and the purport of the whole pleadings

2. Determination:

A. According to the above facts, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the assault of this case.

B. The Defendant is obligated to pay 96,994 won and damages for delay paid by the Plaintiff with image diagnosis fees, etc. to the Plaintiff.

In addition, the Plaintiff sought payment of KRW 2,00,000 as consolation money, but considering various circumstances shown in the argument of the instant case, such as the developments leading up to the instant assault, the parts, degree, and treatment of the assault, the criminal trial process, the Plaintiff’s age, and the Defendant’s behavior after the instant assault, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 300,000.

C. According to the theory of lawsuit, the Defendant’s 396,94 won (i.e., medical expenses of KRW 96,994, 300,000) and the date of tort against the Plaintiff.