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(영문) 광주지방법원 2017.09.01 2016가단22528

손해배상(기)

Text

1. As to the Plaintiff KRW 24,279,33 and KRW 20,238,740 among them, the Defendant shall start on July 28, 2015, and 4,040 among them.

Reasons

1. Facts of recognition;

가. 피고는 2015. 7. 28. 17:09경 광주 광산구 C에 있는 D식당 앞 노상에서 평소 알고 지내던 선배인 원고(E생)와 시비를 하다가 주먹으로 원고의 얼굴을 때려 원고가 바닥에 넘어지면서 뒷머리를 바닥에 부딪치게 하여 원고에게 ‘머리내 열린 상처가 없는 외상성 만성 경막밑 출혈, 비골골절, 상악 좌측 측절치, 좌측 견치의 아탈구(亞脫臼)’ 등의 상해를 가하였다

(hereinafter the Defendant’s above injury to the Plaintiff (hereinafter “instant injury”). B.

On July 31, 2015, the Plaintiff: (a) determined that the instant injury was not serious; (b) and (c) received KRW 2,500,000 from the Defendant as a settlement agreement; and (d) drafted a “agreement” with the content that the Plaintiff would no longer file an objection against the instant accident.

(No. 1). (c)

Since then, the Plaintiff filed a criminal complaint against the Defendant due to significant injury, such as having received hospitalized treatment for a considerable period of time for the treatment of the instant injury and undergoing brain surgery. On March 3, 2016, the Defendant was sentenced to a suspended sentence of two years for eight months due to the instant injury by imprisonment with prison labor at the Gwangju District Court (No. 2015dan5227) and the Prosecutor appealed on the grounds of unfair sentencing, but the Prosecutor’s appeal was dismissed on December 15, 2016.

(No. 2016No835). D.

For the purpose of the instant injury treatment, the Plaintiff received two-day hospitalized treatment at the F Hospital from July 28, 2015 to July 29, 2015, from July 30, 2015 to August 7, 2015, from G Hospital for nine days, from October 1, 2015 to October 26, 2015, from F Hospital for twenty-six days; from the former University Hospital from October 26, 2015 to November 18, 2015, from the former University Hospital for twenty-four days; from the F Hospital from November 18, 2015 to the date of December 19, 2015 to the date of 32 days; from the G Hospital for nine days; from the date of August 30, 2015 to the date of August 7, 2015 to the date of 31, 201 through 37, respectively, evidence No. 10657, Jul. 17, 2015>