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(영문) 서울서부지방법원 2018.03.16 2016가단259397

손해배상(기)

Text

1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are dismissed, respectively.

2. The costs of lawsuit shall be.

Reasons

1. Basic facts

A. On April 13, 2016, Plaintiff A left water from waterworks installed within the first floor parking lot of his residential building in Yongsan-gu Seoul, Yongsan-gu, Seoul, on the ground that around 21:40 on April 13, 2016, Defendant C (the 43 years old) left water without permission, in front of the building operated by Yongsan-gu, Seoul.

With both hands, the defendant's breasts were tightly pushed up three times, and the hand floor was bucked once.

B. As a result, the Defendant suffered injury, such as “scarving a scarke wall,” which requires treatment for about two weeks.

C. For the foregoing reasons, the Defendant was assaulted by the Plaintiff A (year 71) first, and was drinking five times, and inflicted injury on the Plaintiff A, such as “non-alleys,” which requires approximately three weeks of medical treatment.

Plaintiff

B is the parent of the plaintiff A.

E. The plaintiff A was sentenced to a fine of 300,000 won with the above fighting and the defendant was sentenced to a fine of 500,000 won,

【Fact that does not have any dispute】

2. Judgment on the plaintiffs' assertion

A. The plaintiff A asserts that the plaintiff paid the expenses for hospitalized treatment of KRW 2,489,636, such as non-alley surgery due to the injury caused by the above fighting, and that the plaintiff A claimed KRW 10 million and KRW 5 million for mental damage to the plaintiff B due to the mental damage caused by the non-alley.

B. According to the above facts, the injury suffered by the plaintiff A is punishment for the defendant and Si expenses. First of all, the defendant's chests were tightly tightly tightly tightly, and they were generated in the process of setting up against the defendant at one time, and then they were set up in the process of setting up against the defendant. In light of the fact that the plaintiff Gap first assaulted the defendant, the result of the injury occurred in the course of setting up against the defendant, and the defendant also suffered from the injury, it is more likely that the above plaintiff's injury was attributable to the above plaintiff. Therefore, the plaintiffs' assertion is not accepted.

3. Judgment on the defendant's assertion

A. The Defendant spent 260,940 won for medical expenses in Hanwon, etc. due to the fighting with the Plaintiff A, and this result.