손해배상(기)
1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the following additional payment order shall be revoked.
1. The scope of the judgment of this court claimed against the defendant for the payment of medical expenses and consolation money, and the court of first instance accepted part of the claim for medical expenses and part of the claim for consolation money, respectively, and the plaintiff appealed only for the part of the claim for consolation money.
Therefore, the scope of the judgment of the party shall be limited to the claim for medical expenses.
2. Basic facts
A. On February 8, 2018, the Plaintiff suffered from injury, such as a breath of 22 days in the brupt 22 days in the brupt with snow and cocon part, while drinking with the Defendant.
B. The Plaintiff spent KRW 5,817,890 of the principal’s charges from February 2, 2018 to November 2018.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including additional number), the purport of the whole pleadings
3. According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for damages equivalent to KRW 5,817,890 for treatment costs.
(A) Although the Plaintiff asserts that the treatment costs incurred are KRW 5,841,286, the Plaintiff paid 5,817,890 to the Plaintiff, there is no evidence that the Defendant paid 5,817,890 to the Plaintiff. Therefore, with respect to KRW 5,817,890 as well as KRW 74,427 as cited by the first instance court, the Defendant’s tort date, 5% per annum under the Civil Act from February 8, 2018 until May 28, 2019, which is the date of the first instance judgment, and 15% per annum from the following day until the date of full payment, to the date of full payment, the damages for delay calculated at 5,073,463 per annum from the day after the date of the first instance judgment to the date of full payment, as to the existence and scope of the Defendant’s obligation to pay damages for delay by 25% per annum 205 days per annum from the day of the first instance judgment.
4. Conclusion, the plaintiff's claim.