beta
(영문) 서울서부지방법원 2016.03.25 2014가단50329

손해배상(기)

Text

1. The Defendants jointly share KRW 13,371,865 to the Plaintiff and KRW 5% per annum from December 2, 2013 to March 25, 2016.

Reasons

1. Occurrence of liability for damages;

(a) Facts of recognition;

A. The plaintiff operated "E" in Dongjak-gu D, and the defendant C operated "F" on the side of "E", and the defendant B is the child of the defendant C.

B. Around 9:30 on December 2, 2013, Defendant C, who was taking the stuffed by the Plaintiff at “F,” had the Plaintiff’s body in good hands. Defendant B, by hand, led the Plaintiff out of the lower part of the Plaintiff. As seen above, Defendant B, who led the Plaintiff out of the Plaintiff, led the Plaintiff to go beyond the Plaintiff, and caused the Plaintiff to inflict an injury, such as the removal of the body of the dubal dub, etc., for which treatment is required for approximately eight weeks.

C. Defendant B was sentenced to a fine of KRW 3,000,000 for the above facts constituting the crime, and Defendant C was sentenced to a fine of KRW 1,000,000 for the crime.

Grounds for Recognition: Each entry in Gap 1 and 2 and the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are jointly and severally liable for damages sustained by the plaintiff due to the above injury as joint tortfeasor.

However, the Plaintiff’s injury was caused by the Plaintiff and the Defendants’ operation of a neighboring and in the course of obstructing each other’s business and assaulting. The Plaintiff also committed a crime such as obstruction of business, joint assault, injury, assault, etc., and G, the Plaintiff’s discount, is a joint assault crime, and H was sentenced to a fine of KRW 300,000 for each crime of obstruction of business. Such mistake by the Plaintiff, etc. also served as a cause of occurrence and expansion of damages caused by the instant injury, and thus, the Defendants’ liability ratio is limited to 60%.

2. Scope of liability for damages

A. 1) Property damage 1) The daily profit amount is KRW 13,367,623 of the daily profit amount, and the details are as shown in the annexed Table of Income Calculation. During the hospitalization period, 100% of the daily profit amount and 7% of the profits thereafter shall be deemed lost (the plaintiff shall be right-hand by the injury of this case).