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(영문) 춘천지방법원속초지원 2019.04.05 2017가단30837

손해배상(기)

Text

1. The Defendant’s KRW 23,393,37 as well as the Plaintiff’s annual rate of KRW 5% from December 3, 2015 to April 5, 2019.

Reasons

1. The Defendant (the Defendant; hereinafter the same shall apply) was drinking alcohol on December 3, 2015 at the main point of “E” located adjacent to “D sales outlet” located in “D sales outlet” located in “C” at early early 01:40 on December 3, 2015, and was drinking with the victim A (the Plaintiff; hereinafter the same shall apply) (the Plaintiff) (the Plaintiff) who was the main point of whom the 119 first vehicle and the police vehicle were dispatched to the said main point.

이때 피고인은 피해자에게 “니가 신고했어 ”라고 말하면서 주먹으로 얼굴을 1대 때려 넘어뜨리고 발로 안면부위와 왼쪽다리를 수차례 걷어찼다.

As a result, the Defendant brought the victim with brain-dead, knenenee bones, damage to the gnee part of head, and strawing.

The Defendant, who committed the following injury (hereinafter “instant tort”) against the Plaintiff, was indicted for the first instance court of Chuncheon on May 25, 2016, and was sentenced to imprisonment for six months with prison labor on the grounds that the judgment became final and conclusive following the Defendant’s appeal (Scheon District Court 2016No263) and the final appeal (Supreme Court 2016Do13601) (hereinafter “instant tort”), is either not in dispute between the parties, or in full view of the purport of the entire pleadings of evidence No. 1 (including the serial number; hereinafter the same shall apply).

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the tort of this case.

2. Scope of damages.

A. Considering the overall purport of the arguments in the evidence Nos. 2 and the evidence Nos. 24 through 26, it is recognized that the Plaintiff spent medical expenses of KRW 5,829,493 in total due to the instant tort, as follows.

F

B. In full view of the purport of evidence No. 27 No. 1 of passive damage (damages to suspend business during the period of hospitalization) and the purport of the entire pleadings, it is recognized that the Plaintiff received hospitalized treatment for 84 days in total due to the instant tort, as follows.