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(영문) 서울북부지방법원 2016.09.30 2016나323

손해배상

Text

1.The judgment of the first instance shall be modified as follows:

The Selection C shall pay to the Plaintiff KRW 4,925,754 and its amount on February 2, 2012.

Reasons

1. Facts of premise;

(a) The plaintiff (E) who was scheduled to enter a high school due to a middle school graduate and the plaintiff (F) who was in the first year of a high school is the same half of the same Yeongi Private Teaching Institute, and the defendant and D are the parents of C.

B. On February 13, 2012, around 20:30 on February 13, 2012, the Plaintiff and C were to look at a female-friendly room of C, and were to perform a bath and horse fighting, and the Plaintiff was tight and faceed with C, and C was satched and faceed with the Plaintiff’s fat.

C. The Plaintiff suffered respectively injury and injury in need of four weeks of medical treatment, such as “abstinating the upper part of the wall, cutting down the left part of the wall and the lower part of the wall, and cutting down the pelke,” as the above assault by C.

(hereinafter referred to as “the instant injury”) D.

The Plaintiff received treatment due to the instant injury and disbursed the total of KRW 6,406,620 [the total of KRW 5,828,870 + KRW 200,00 for the issuance of the medical certificate + KRW 16,540 + the cost of medical examination + KRW 184,460 + the cost of medical treatment 176,750].

[Ground for Recognition]: Facts without dispute, entry of Gap 1, 3-8 evidence (including more than one number), the purport of the whole pleadings

2. Determination as to the claim against C

A. According to the premise of the occurrence of liability for damages, the instant injury appears to have occurred due to the assault by C, and C is obligated to compensate for the damages suffered by the Plaintiff due to the said injury.

B. According to the premise of limitation of liability, Gap evidence No. 1, and the purport of the entire pleadings, the Plaintiff appears to have referred to the issue of female-friendly relationship C as the starting point of time, and the physical contact appears to have first been made by the Plaintiff, and the face appears to have first been taken by the Plaintiff, and the Plaintiff appears to have been taken at first at all, and the responsibility of C is limited to 65% in light of all

C. (i) The calculation of damages (i) the active damage hospital treatment costs, etc. = the amount less than KRW 6,378,084 for the convenience of calculation shall be discarded, and the present price calculated at the time of the accident shall be the intermediate interest at the rate of 5/12 per cent per month.