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(영문) 인천지방법원 2015.08.18 2013가단98283

손해배상(기)등

Text

1. The Defendant: KRW 41,364,802 to Plaintiff A; KRW 500,000 to Plaintiff B; and KRW 200,000 to Plaintiff C and D, respectively.

Reasons

1. Facts of recognition;

A. On February 20, 2013, the Defendant received a partial favorable judgment in a damages claim lawsuit filed against the Plaintiff A and F on the ground that the marital relationship with F was extinguished due to the Plaintiff’s unlawful act committed by the Plaintiff A and the Defendant’s former wife F, thereby resulting in the failure.

(In Incheon District Court 2012dern 14012). (b)

On March 13, 2013, the Defendant found the Mazart, where the Plaintiff had been working with Aluminium camping nets, and caused the Plaintiff’s head to the Maznegate, thereby getting the Plaintiff’s head to the Maznegate, and caused the Plaintiff’s injury to the Plaintiff’s Mazine, blood, luminous bones, and adjacent mazine, etc.

(hereinafter “instant violence”). C.

On August 8, 2013, the Defendant was convicted of three years of suspended sentence for a year of imprisonment with labor for a violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) in relation to the instant violence.

(Macheon District Court 2013 Highest 1992) d.

Plaintiff

B The wife, the plaintiff C, and the plaintiff A are children of the plaintiff.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 3, Eul evidence 3, the purport of the whole pleadings

2. According to the facts acknowledged as above, the defendant is liable for all damages suffered by the plaintiffs due to the violence of this case as a tortfeasor who has used the violence of this case.

On the other hand, the defendant asserts that the defendant's wrongful act of the plaintiff Gap should be offset by negligence because the defendant's marital relationship has been broken down due to the plaintiff's improper act. However, in light of the defendant's unilateral use of the violence of this case even though the judgment of damages had already been made in relation to the plaintiff Gap's improper act, it is difficult to see that the plaintiff'

3. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but any period of less than the last month and less than KRW 10 shall be discarded;

The calculation of the current value at the time of the accident shall be based on the reduction rate of 5/12 percent per month to deduct the interim interest.

b) the Commission;