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(영문) 대전지방법원 2017.02.08 2015가단29609

손해배상(기)

Text

1. The Defendant’s KRW 8,116,075 for the Plaintiff and its related KRW 5% per annum from March 21, 2015 to February 8, 2017.

Reasons

1. Occurrence of liability for damages;

A. At around 02:00 on March 21, 2015, the Defendant assaulted with E and Si guard in the street before the Daejeon Seo-gu Daejeon Metropolitan City Datt on the street. While taking the Plaintiff’s face, the Plaintiff suffered the Plaintiff’s injury “pathn spath and spathn spathn with flood control.” 2) The Defendant was sentenced to suspension of prosecution on June 15, 2015 on the ground of the above suspected crime.

[Ground of recognition] Unsatisfy, Gap evidence 1, 3, Eul evidence 3-2, 5, witness F, G testimony, CCTV screen verification result (as of June 22, 2016), the purport of the whole pleadings

B. The defendant is liable for compensating the plaintiff for damages caused by the tort in accordance with Article 750 of the Civil Act, since he/she sustained an injury by assault by the defendant to the plaintiff.

2. The calculation of the current value at the time of the accident of the scope of damages liability shall be based on the method of deducting intermediate interest at the rate of 5/12 per month.

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

Personal information 1) Gender: Women’s date of birth (at the time of an accident): 35 years old and 2 months old: occupation and income: 49.88.2) At least income equivalent to urban daily wage.

3) The ratio of latter disability and labor disability: The ratio of latter disability and labor disability loss: 0.152% for the operating period from March 32, 2015 to January 14, 2040 (within the limit requested by the plaintiff) x 87,805 won (within the limit requested by the plaintiff) x 22 days x 0.152% x 193.09 = 56,715 won / [based on recognition] 3-1 evidence, Gap evidence, results from physical appraisal commission, purport of the whole pleadings, and rule of experience.

(b) Wrons treatment expenses: 3,453,50 won (based on recognition), Gap evidence 2-1-4, Gap evidence 6-1, and the purport of the whole pleadings;

C. A future treatment fee is 1) Continuous treatment on the right side of the upper right side and the upper right side of the upper right side: 90,000 won (300,000 won x 3) is required, and calculated as being disbursed on January 19, 2017, following the day following the day of the closing of argument, and (2) replacement of steel products on the upper right side of the upper right side:

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