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(영문) 서울중앙지방법원 2018.01.31 2017나51848

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On March 31, 2016, the Defendant, around 31, 2016, brought a dispute with the Plaintiff, an employee, at “D” restaurant located in “D’s second underground floor in Jung-gu Seoul, Jung-gu, Seoul, with his/her employees, went beyond the Plaintiff’s body and tight bottom.

(hereinafter “instant assault”) b.

The Plaintiff suffered injuries, such as catum catum, tensions, chatum fatum, and 2nd left leatum, etc., due to the assault of this case, which require approximately two weeks of treatment.

C. On January 10, 2017, the Defendant was prosecuted for the above facts constituting the crime, and was sentenced to a judgment imposing a fine of KRW 80,000 for the crime of assault and bodily injury in Seoul Central District Court Decision 201Ma1736, which became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 5 (including each number), the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of damages liability, the defendant is liable for damages sustained by the plaintiff due to the above tort.

B. According to the evidence evidence No. 3, the Plaintiff received outpatient treatment at the Jongno-gu Seoul Metropolitan Government E Hospital from March 31, 2016 to April 21, 2016. The medical expenses spent during the above period can be recognized as constituting a total of 960,436 medical expenses. Accordingly, the Plaintiff did not accept the claim for consolation money exceeding KRW 15,00 on June 7, 2016, KRW 1,000 on November 16, 2016, KRW 19,000 on KRW 3,00 on January 23, 2017, and KRW 19,000 on KRW 19,00 on KRW 3,00 on KRW 19,00 on the part of the instant assault. However, considering the time and frequency of the instant treatment, and the time and interval between the assault and the instant treatment, there is no evidence to acknowledge that the Defendant’s claim for consolation money exceeded KRW 3,500 on each of the instant medical expenses.