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(영문) 서울북부지방법원 2016.09.06 2015나35384

손해배상금

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 07:00 on August 24, 2014, the Defendant: (a) at the construction site of the Busan So-gu Busan apartment model C apartment building; (b) at the construction site of the Plaintiff’s horse dispute; (c) on the ground that the Plaintiff was made with false appearance, the Plaintiff’s face was taken once, and (d) the Plaintiff’s chest was taken once due to left hand, and (e) at the first place that requires approximately four weeks’ medical treatment for the Plaintiff, the Defendant is deemed to be the instant injury.

2) The Plaintiff committed the tort of this case (hereinafter “instant tort”).

(2) On February 4, 2015, the Defendant received a summary order of KRW 2 million (Seoul Northern District Court 2014 high-level 2014 high-level 12892) due to the above injury’s criminal facts, and was sentenced to a fine of KRW 1.8 million on February 4, 2015 (the above court 2014 high-level 2869). The above judgment was dismissed on June 24, 2015, and it became final and conclusive according to the Supreme Court’s ruling of dismissal of appeal on August 7, 2015.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 2, fact inquiry results of the court of the first instance and the fact inquiry results of the DNA court of the first instance, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the tort, barring special circumstances.

[A. The defendant asserts that the defendant's act did not cause any injury to the plaintiff, but the defendant's assertion contrary to the above facts is not accepted (the result of the fact inquiry by the court of the first instance, the result of the fact inquiry by the medical personnel of Busan Metropolitan City, and the fact inquiry by the medical personnel of the Busan Metropolitan City, the plaintiff was subject to X-ray and CT inspection from the medical personnel of the Busan Metropolitan City on August 24, 2014, and the doctor in charge was given a warning of the possibility of satis without discovering any obvious opinion, and the plaintiff was confirmed to have the satch of the bones of the bones, after being subject to the satchy inspection by the satch foreign affairs on September 1, 2014.