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(영문) 대전지방법원 2018.10.16 2018나1191

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

Facts of recognition

If Gap evidence Nos. 1 through 5 added the purport of the entire argument, the defendant, around 07:45 on December 13, 2013, was dissatisfied with E at the Dju located in Seo-gu, Seocheon-gu, Seocheon-gu, Seocheon-gu, Incheon. The defendant, as an employee of the aforementioned Dju, placed the defendant's fighting team at the face of the plaintiff who was at the end of the defendant's fighting team, with a face of about 2 weeks of medical treatment, and used the plaintiff's treatment costs of KRW 297,136, and paid KRW 2,700,000 for future treatment, such as anti-sive sives, etc.

According to the fact that the judgment on the cause of the claim was established, the defendant is liable to compensate the plaintiff for the damages incurred therefrom, since the defendant illegally inflicted an injury on the plaintiff.

Medical expenses within the scope of compensation for damages (in the future medical expenses): KRW 2,97,136 (=297,136 won). The consolation money shall be determined as KRW 1,60,000, in consideration of the fact of recognition of consolation money, the circumstances leading up to the occurrence of the case, the degree and degree of injury, and all other circumstances shown in the pleadings of the case.

Therefore, the Defendant is obligated to pay the Plaintiff the amount of KRW 4,597,136 (=property damage KRW 2,97,136) and damages for delay calculated at the rate of KRW 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from July 27, 2017 to the date of full payment, as requested by the Plaintiff, following the day when the duplicate of the instant complaint was served to the Defendant.

In conclusion, the plaintiff's claim of this case should be accepted on the grounds of its reasoning, and the judgment of the court of first instance is justified on the grounds of its conclusion, and the defendant's appeal is dismissed. It is so decided as per Disposition.