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(영문) 서울중앙지방법원 2020.11.27 2019가단5062303

손해배상(기)

Text

1. The Defendant’s KRW 28,143,919 for the Plaintiff and KRW 5% per annum from July 14, 2018 to November 27, 2020 for the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 14, 2018, the Plaintiff brought a dispute over the issue of the Defendant’s and the driver’s license in front of Gangnam-gu Seoul, Seoul, and the Defendant’s spouse who took the Plaintiff’s son and the Defendant’s motion picture was removed, and the Defendant got the Plaintiff to go beyond once.

B. The Plaintiff suffered injury from the Defendant’s above act in the form of a closed anti-speaking frame.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, 4, and 6, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, since the defendant injured the plaintiff by pushing the plaintiff, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff due to the above act.

B. Restrictions on liability for damages: Provided, however, it is reasonable to limit the Defendant’s liability to 80% in light of the following: (a) the background and content of the instant assault; (b) the Plaintiff’s injury’s father and degree; and (c) the content

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount less than a month and less than a won shall be discarded, and the current value at the time of the accident of the amount of damages shall be calculated by deducting the interim interest at the rate of 5/12 percent per month.

It is rejected that the parties' arguments have not been separately explained.

(1) Age 1) and gender: Dived and female 2: The base income: The number of days of hospitalization equivalent to the daily wage of an ordinary person in an urban area (3) from July 14, 2018 to December 5, 2018: [No dispute exists concerning the ground for recognition]; Gap 2 and 9; the result of the court’s physical appraisal commission to E Hospital; the rate of 1 f1 2 m2 m2 m2 2 m1-2 97 960, 208 207-14 208-3109, 2222, 416, 108, 208-10, 208-5 10, 208-19, 205, 208-108, 208-18, 205, 208-18, 2018-28.