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(영문) 부산지방법원동부지원 2019.10.30 2018가단217112

손해배상(기)

Text

1. The Defendant’s KRW 16,847,480 for the Plaintiff and KRW 5% per annum from July 17, 2018 to October 30, 2019.

Reasons

1. Facts of recognition;

A. At the time of 2018, the Plaintiff was a student attending the second grade of H middle school located in Nam-gu, Busan, and the Defendant was a student attending the third grade of the same middle school as the Plaintiff’s East-gu male-gu, I.

B. On July 17, 2018, the Plaintiff and I had the Plaintiff play in the classroom, and I had the Plaintiff et al. at the time of the Plaintiff, etc., and the Plaintiff was scleeped with I’s clock.

C. On the same day, the Defendant found the Plaintiff in the above classroom and her friended the Plaintiff, but considered that the Plaintiff friended and her friended, the Plaintiff friended the Plaintiff’s face with his head, and caused the Plaintiff to suffer injury, such as a friend, etc.

(hereinafter “the instant harmful act.” 【The ground for recognition, absence of any dispute, Gap’s 1 through 5, and Eul’s 4 (including virtual numbers), the purport of the whole pleadings and arguments.

2. According to the facts of recognition as above, the harmful act of this case, which the defendant inflicted an injury on the plaintiff, constitutes a tort under the Civil Act, and the defendant is liable to compensate the plaintiff for damages caused by the harmful act of this case.

However, the Plaintiff appears to have committed an act of causing the origin of the instant harmful act by playing I in the Plaintiff and causing the Defendant to misunderstand that the act was committed against the Defendant. Such an error by the Plaintiff became the cause of the damage caused by the instant harmful act.

However, since this does not reach the extent to which the defendant is exempted from liability for damages, it shall be considered in calculating the amount of damages to be paid by the defendant, it shall be limited to 80% of the defendant's liability as it is reasonable to view that the ratio exceeds 20%.

3. Scope of liability for damages

A. The plaintiff's assertion against the defendant that caused damages caused by the harmful act of this case, the plaintiff claimed that the defendant would be entitled to KRW 4,644,690, future treatment expenses, KRW 6,745,920, and lost lost profit due to the loss of labor ability.

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