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(영문) 부산지방법원 2020.09.10 2018가단322551

손해배상(기)

Text

1. The Defendant’s KRW 35,373,407 as well as 5% per annum from April 9, 2016 to September 10, 2020 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant (a woman aged 56 at the time of the instant case) is a person operating a sales store in the Busan Northern-gu C market, and the Plaintiff (a woman aged 48 at the time of the instant case) is a person operating a store selling lighting, etc. in the instant C market on April 8, 2016. The Defendant: (b) on the street before the instant sales store; (c) on the ground that the Plaintiff was left before the Defendant’s front of the instant sales store; (d) on the ground that the Plaintiff was standing in the instant sales store; (e) on the ground that the Plaintiff was left before the Defendant’s seated, the Plaintiff did a dispute with the Plaintiff; (e) on the part of the Plaintiff, the Plaintiff was pushed down several times with the Plaintiff; and (e) on the part of the Plaintiff at once, the Plaintiff’s bucked down the left-hand side of the Plaintiff

3) On November 1, 2016, the Defendant was issued a summary order of KRW 2,00,00 for the crime of injury as Busan District Court Decision 2016Da16804, and a fine of KRW 2,00,000 for the crime of injury. The said summary order became final and conclusive around that time. [In the absence of any dispute over the grounds for recognition, evidence No. 1, and the purport of the entire pleadings]

B. The defendant is liable for all damages suffered by the plaintiff due to the above tort.

However, in full view of the above grounds for recognition, the Plaintiff was at fault of keeping the Defendant several times in Si and Do and providing approximately two weeks of treatment to the Defendant (the Plaintiff received a final and conclusive judgment of suspension of sentence as to the above crime of injury as Busan District Court 2017No2150), and thus, the Defendant’s liability is limited to 90% in consideration of the Plaintiff’s negligence.

2. Scope of liability for damages

(a) Plaintiff’s assertion 1) Actual Income: 10,517,174 won: 7,605,910 won for future treatment expenses: 1,00,000 won for purchase of auxiliary equipment: 16,00,000 won: 20,000 won for actual treatment expenses;

B. On the basis of the judgment, the Plaintiff was 65 years old from the date of tort, on which the Plaintiff lost 2% labor ability due to the Defendant’s unlawful act, which led to the Defendant’s permanent disability in the left-hand and its own name.