손해배상(기)
1. The Defendants jointly share KRW 37,270,154 with respect to the Plaintiff and the period from May 13, 2017 to September 23, 2020.
1. The Defendants, at around 03:45 on May 13, 2017, were in the process of passing the Plaintiff’s first floor of the DD building in the course of passing the passage of the corridor on which the Plaintiff’s first floor of the D building was in the same way as that of the Defendant.
While Defendant B was in trial with the Plaintiff’s happiness, Defendant B had a dispute with the Plaintiff during the course of pursuing this.
피고 B은 발로 원고의 상체를 걷어차고 주먹으로 얼굴을 수 회 때린 후 원고를 밀쳐 원고로 하여금 건물 밖으로 넘어지게 하고, 이어서 무릎으로 원고를 제압한 상태에서 원고의 얼굴을 주먹으로 수차례 때리고 주저앉아 있는 원고의 얼굴을 발로 걷어찼고, 피고 C은 위와 같이 피고 B으로부터 폭행을 당하여 바닥에 주저앉아 있는 원고의 머리채를 잡고 끌어 당겨 원고를 폭행하였다
(hereinafter “Joint Violence”. The Plaintiff suffered from injury, such as luminous bones, salke, salke, etc. due to the joint assault in this case, which requires approximately eight weeks of medical treatment. The Defendants were prosecuted in the Suwon District Court for the violation of the Punishment of Violences, etc. Act, and Defendant B was punished by imprisonment with prison labor for one year and two months, and Defendant C was punished by a fine of KRW 3,000,000, and the sentence became final and conclusive.
[Reasons for Recognition] Facts without dispute, Gap 1, 2, 7, 8 (including each number), the purport of the whole pleadings
2. Occurrence of liability for damages;
A. According to the above facts of recognition, the Defendants jointly assaulted the Plaintiff, and thus, are liable to compensate for the damages suffered by the Plaintiff.
B. Defendant C asserts that there is no causation between his own act and the Plaintiff’s damages.
However, in the case of joint tort under Article 760 of the Civil Code which causes damage to another person jointly, it does not require the common perception as well as the conspiracy among the actors, but it does not require it objectively.