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(영문) 수원지방법원 2017.06.09 2016나17399

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Basic facts

A. At around 09:30 on August 22, 2015, the Defendant: (a) committed an assault, such as breaking the Plaintiff’s breath and pushing the Plaintiff’s body in a vegetable garden located in Ansan-gu, Annyang-si, Annyang-si, with the Plaintiff’s breathm, and continued to inflict an injury on the Plaintiff, such as an internal breath, where the Plaintiff was in need of approximately two weeks of treatment, by taking the Plaintiff’s cat as her head around 15:40 the same day.

(hereinafter “instant harmful act”). B.

On October 7, 2015, the Defendant received a summary order of KRW 700,000 from the Suwon District Court (Seoul District Court Branch Decision 2015 High Court Decision 5434) due to the instant harmful act, etc., and the said summary order became final and conclusive around that time.

C. The Plaintiff spent KRW 264,700 as medical expenses for the injury caused by the instant harmful act.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case.

B. The scope of liability for damages 1) lost income: The plaintiff alleged that he suffered losses of KRW 1.12 million due to the instant harmful act, but considering the fact that the plaintiff did not hospitalization due to the instant harmful act, or the degree and degree of injury, it is difficult to find that the plaintiff suffered losses equivalent to lost income due to the instant harmful act. Therefore, this part of the plaintiff's assertion is without merit. 2) Future medical treatment expenses: 264,700 won: The plaintiff sought payment of KRW 100,000 for future medical treatment expenses, but there is no evidence to acknowledge that future medical treatment is necessary, and therefore, this part of the plaintiff's assertion is without merit. The plaintiff's argument is determined as KRW 70,000,000 in consideration of all the circumstances revealed in the arguments, such as the background of dispute, the degree of harmful act and the degree of injury.

C. According to the theory of lawsuit, the defendant.