손해배상(기)
1. The part against the plaintiff in the judgment of the court of first instance shall be modified as follows:
The defendant shall pay to the plaintiff KRW 3,098,424 and its amount.
1. Basic facts
A. On February 1, 2014, at around 13:40, the Defendant: (a) driven a motor vehicle on the frontway in Cheongju-si, a considerable area; (b) brought about a dispute between the Plaintiff and the Plaintiff on the ground that the Plaintiff’s family, who was making a mountain, did not turn on the part of the Plaintiff’s family members; and (c) brought about a dispute; (d) caused the Plaintiff’s breath to live in the Plaintiff’s breath, and caused the Plaintiff’s breath, and caused the Plaintiff to go beyond the bottom, thereby requiring approximately two weeks of treatment.
(hereinafter “instant harmful act”). B.
On April 15, 2014, the Defendant issued a summary order of KRW 700,00,000 by this Court, which was issued a fine of KRW 1895,00,00 due to the instant harmful act, and thereafter, filed a petition for formal trial under this Court Ordinance No. 2014Da308, Jun. 12, 2014, and was sentenced to a fine of KRW 700,00 from the above court. The said judgment became final and conclusive on June 20, 2014.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1, 2, 4, 8, 11 (including paper numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. The parties' assertion and judgment
A. 1) According to the above facts of recognition of the basis of liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case. 2) In full view of each evidence and the testimony of witness E of the party trial witness E prior to limitation of liability, it is recognized that the plaintiff caused a dispute between the defendant and the defendant by taking a bath to the defendant.
Therefore, it is reasonable to deem that the Plaintiff was partially negligent in relation to the instant harmful act by the Defendant, and that the Plaintiff’s negligence caused the occurrence and expansion of its own losses. As such, in calculating the amount of damages incurred by the Defendant’s harmful act, the above negligence of the Plaintiff should be considered. However, in full view of the circumstances surrounding the occurrence of the instant harmful act, the injury of the Plaintiff, the degree and degree thereof, and various circumstances revealed in the pleadings, including the Plaintiff and the Defendant