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(영문) 창원지방법원 2019.08.22 2018나3858

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

Of the instant lawsuits, the stamp, service charge, and the cost of legal attendance are claimed.

Reasons

1. Facts of recognition;

A. On July 10, 2017, the Plaintiff and the Defendant drink together in Enosium operated by the Plaintiff in the new wall Kimhae-si, Kim Jong-si.

B. At around 05:50, the Defendant considered that the Plaintiff would have again brought about the loss of KRW 50,000,000, which was placed in the Handphone case while coming out of the Plaintiff, with the knowledge that the said KRW 50,000 was lost.

C. The Defendant: (a) laid off money to the Plaintiff; (b) laid down the corrective singing door several times; (c) laid down the direction-based tin box into the Plaintiff’s body; (d) laid down the Plaintiff’s flaps; and (c) flabed the Plaintiff’s flab by single hand, shade the Plaintiff’s flab; and (d) flabed the Plaintiff’s chest with 4-5 hand-to-5 hand, resulting in the Plaintiff’s injury requiring medical treatment for about 14 days.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, Gap evidence No. 3, the video, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion that the defendant damaged the plaintiff's reputation by spreading false information that 50,00 won was stolen, which is the plaintiff's property, and thereby damaging the plaintiff's reputation. As such, the defendant is obligated to pay KRW 250,000 for the expenses for the installation of the Digital Doctriney, ② approximately 80,000 for the installation of the digital Doctriney, ② the expenses for medical treatment and the issuance of the written diagnosis for injuries, ③ approximately 30,000 for the medical treatment and the written diagnosis for injuries, ④ KRW 50,00 for the medical treatment expenses for G hospital, ⑤ the transportation expenses for the public prosecutor's office, ⑤ KRW 132,00 for the transportation expenses for the entrance at the public prosecutor's office, and KRW 110,00 for the stamp and delivery expenses, 70 for the legal attendance at the court of the first instance, and 804,000 for mental damages.

B. 1) According to the above facts, the defendant intentionally destroyed the plaintiff's goods and inflicted an injury on the plaintiff. Thus, the defendant is liable for compensating the plaintiff for damages caused by the tort pursuant to Article 750 of the Civil Act.

B. As to this, the defendant tried to commit an indecent act against the defendant.

참조조문