손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
1..
1. Comprehensively taking account of the overall purport of the arguments in the evidence Nos. 1 and 3, as a whole, the Defendant committed an act of assaulting the Plaintiff on July 29, 2018 regarding church water services and inflicted an injury, such as the mouths, etc. of the bones, which requires three weeks’ medical treatment (hereinafter “instant injury”), and thus, is obliged to compensate the Plaintiff for the damages caused by the said injury due to the tort.
2. Scope of liability for damages
A. According to the evidence evidence No. 4 of the medical expenses, it is recognized that the Plaintiff spent the sum of KRW 1,787,626 to C Hospital and D Hospital from July 29, 2018 to August 7, 2018. As such, the amount of damages equivalent to the Plaintiff’s medical expenses is KRW 1,787,626.
B. Comprehensively taking account of the overall purport of the pleadings as to evidence Nos. 1 and 3, the Plaintiff received hospitalized treatment for nine days from July 29, 2018 to August 6, 2018 due to the instant injury, and the fact that the Plaintiff’s wage for urban day in 2018 was 109,819. As such, the amount of damages equivalent to the Plaintiff’s lost income (=109,819 won x 109,819 won x 22 days x 30 days x 9 days and less than won) is recognized.
C. The consolation money for the plaintiff shall be 2,500,000 won in consideration of the circumstances of the injury of this case, the plaintiff's age, the part and degree of injury, and other circumstances shown in the argument of this case.
In the lawsuit, the defendant is obligated to pay to the plaintiff 5,012,431 won (i.e., medical expenses of KRW 1,787,626, KRW 724,805, KRW 2500,000) and damages for delay calculated at the rate of 5% per annum under the Civil Act from July 29, 2018, which is the date of the judgment of the court of first instance, to June 14, 2019, where it is deemed reasonable for the defendant to dispute about the existence and scope of the obligation to perform, and the amount of damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.
3. The plaintiff's claim for conclusion is reasonable within the scope of the above recognition.