손해배상(기)
1. As to the Plaintiff A’s KRW 1,641,828, and KRW 2,009,00 for each of the said money and each of the said money from March 27, 2016 to August 2017.
1. The Defendant was indicted for facts constituting the same offense as the attached Form (hereinafter “instant tort”), and was sentenced to a fine of KRW 4 million on October 13, 2016, the Gwangju District Court rendered a sentence of KRW 2016 high-level70, 2016 high-level 138, 2016 high-level 162, 2016 high-level 637, 2016 high-level 645, and the said judgment is recognized by the statement in the evidence No. 2.
2. Determination as to the cause of action
A. The plaintiffs' assertion shall compensate the plaintiffs for the medical expenses of 236,380 won, 15,000 won paid by the plaintiff Eul and consolation money of 10,000 won each, respectively.
B. 1) In a case where a criminal judgment of conviction of the occurrence of liability for damages became final and conclusive, the court shall respect the existence and content of the criminal judgment and accept the facts recognized by the court as consistent with the truth and credibility, rather than the facts recognized in the civil judgment (Supreme Court Decision 93Da29051 Decided January 28, 1994). According to the above basic facts, the defendant is liable for damages suffered by the plaintiffs due to the tort in this case, and the defendant is liable for damages to the plaintiffs. However, the defendant is deemed to have used a mutual physical fighting or a verbal dispute between the plaintiffs and the defendant while it was a long appraisal fighting, which would have committed violence against the plaintiffs. Such acts of the plaintiffs were also provided a cause for the occurrence and expansion of damages suffered by the plaintiffs, and thus, the ratio of negligence of the plaintiffs shall be considered in determining the scope of the defendant's liability, but it shall be reasonable to limit the defendant's liability by 60% since it is reasonable to 40% of the defendant's liability in light of the occurrence of the tort in this case and the circumstances.
3) The scope of damages is set aside.