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(영문) 서울북부지방법원 2019.04.04 2018나32980

손해배상(기)

Text

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

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) amounted to KRW 2,795,691 and KRW 2,791.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On November 15, 2015, at around 13:49-13:55, the Defendant: (a) in the management office of the D-building of container structure D in Goyang-gu Yangyang-gu, Yangyang-si, Yangyang-si, the Plaintiff inflicted an injury on the Defendant, who had no two mains in front of the management office by pushing the Plaintiff with both the Plaintiff and the removal of the article, such as “Seng-gu, hing and hinging down at Dongine,” in the part of the management office of the D-building (hereinafter “Seng-gu”).

B. As above, the Plaintiff expressed a bath to the Defendant on the ground that the Defendant exceeded the Plaintiff and escaped to another place, and committed assault by setting the Defendant’s massage with his fingers and booming the clothes of the Defendant.

C. The defendant is the above A.

The facts charged by the Plaintiff, as described in the Paragraph (1), were charged with the Defendant’s act of inflicting injury on the Plaintiff. The above court recognized all the above facts constituting the crime on November 11, 2016 and sentenced the Defendant to a judgment of conviction of KRW 1.5 million, and the above judgment became final and conclusive around that time.

The plaintiff also b.

The Defendant was indicted for committing the crime of assaulting the Defendant as described in the Paragraph (1) and was sentenced to a fine of KRW 500,000 to the Defendant on January 31, 2018.

On August 21, 2018, the appellate court rendered a judgment dismissing the Plaintiff’s appeal on August 21, 2018, which became final and conclusive on August 29, 2018.

E. Meanwhile, the Defendant filed a complaint against the Plaintiff on the charge of defamation and insult with respect to the Plaintiff’s abusivement at the time of the said assault. However, on June 23, 2016, the Goyang District Prosecutors’ Office rendered a disposition of non-prosecution (No. 21716 of 2016) against the Plaintiff on the charge of having been suspected of having committed the said assault (No. 21716 of 2016).