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(영문) 서울서부지방법원 2018.10.26 2018나33583

손해배상(기)

Text

1. Of the part concerning the principal lawsuit in the judgment of the court of first instance, the following amount is the amount ordered to be paid.

Reasons

1. Although the plaintiffs and the defendant filed a claim for damages based on each illegal act in the first instance court, the judgment of the first instance dismissed all the claims of the plaintiffs and the defendant.

The plaintiffs appealed only the principal lawsuit of the judgment of the court of first instance, and the counterclaim part of the judgment of the court of first instance is not within the scope of the judgment of the court of first instance. Thus, the scope of the judgment of this court is limited to

2. Basic facts

A. At around 21:40 on April 13, 2016, Plaintiff A left water from facilities installed in the first floor parking lot of the Plaintiff’s residential building in front of the building in Yongsan-gu Seoul Metropolitan Government, on the ground that the Defendant left water from facilities installed in the first floor of the Plaintiff’s residential building.

With both hands, the defendant's breasts were tightly pushed up three times, and the hand floor was bucked once.

B. As above, the Defendant suffered assault from the Plaintiff, and caused the Plaintiff’s face more than five times, resulting in the Plaintiff’s injury, such as a pelpelto, etc. requiring three weeks of treatment (hereinafter “the instant injury”).

C. The Defendant was sentenced to a fine of KRW 500,00 due to the above criminal facts (Seoul Western District Court Decision 2016DaMa914). The above judgment became final and conclusive as it is.

Plaintiff

B is the parent of the plaintiff A.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, Gap evidence No. 2, the video, the purport of the whole pleadings

3. According to the above fact of recognition of damages liability, the defendant injured the plaintiff Gap, and thus, the defendant is liable to compensate the damages suffered by the plaintiffs due to the above tort.

However, in full view of the overall purport of evidence Nos. 4 and 12, evidence Nos. 1 and evidence Nos. 2 and 3 as well as the overall purport of each video and pleading of evidence Nos. 4 and 1, the Plaintiff committed assault, such as first smuggling of the Defendant’s chest while taking a bath to the Defendant, and the Plaintiff A committed assault to the Defendant for a period of two weeks.