손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Facts of recognition;
A. On December 20, 2015, around 01:30 on December 20, 2015, the Defendant tried to board the Plaintiff’s taxi, which was parked on the side of the dried D Hospital located in Mapo-gu Seoul Metropolitan Government, with a view to getting on the Plaintiff’s taxi, but the Plaintiff prevented the Plaintiff from getting on the Defendant.
Accordingly, the defendant, who was in a chemical space, has set up the plaintiff's body above the floor, and assaulted the plaintiff by putting the plaintiff's body above the plaintiff's body several times.
B. On December 21, 2015, the Plaintiff suffered from the instant assault case: (a) received treatment from the FF department located in Gangseo-gu Seoul, Gangseo-gu, Seoul, and disbursed KRW 214,560 as the treatment cost; (b) from December 20, 2015 to December 22, 2015, the Plaintiff paid KRW 335,000 to the taxi company because he/she was unable to work until December 22, 2015.
C. On March 8, 2016, the Defendant received a summary order of KRW 300,000 (Seoul Western District Court Decision 2016Da1195) as the above assault case, and such summary order was finalized on April 23, 2016.
[Ground of Recognition] Facts without dispute, entry and video of Gap evidence Nos. 1 through 5 and 9 (including virtual numbers) and the purport of the whole pleadings
2. Determination
A. According to the above facts of determination as to the cause of the claim, the Defendant is obligated to pay the Plaintiff the amount of KRW 549,560 as compensation for property damage (i.e., KRW 214,560 as compensation for mental damage (i.e., KRW 335,00 as compensation for mental damage) plus KRW 1,50,000 as compensation for mental damage (i.e., KRW 2,049,560 as compensation for damages, degree of injury of the Plaintiff, and all the circumstances shown in pleadings such as Plaintiff’s age and occupation), and to pay damages for delay calculated by 15% per annum from December 20, 2015, which was the date of the occurrence of the above assault case to the Defendant’s existence and scope of the obligation. < Amended by Act No. 15054, Nov. 29, 2018>
Meanwhile, due to the above assault case, the Plaintiff works properly from December 26, 2015 to December 28, 2015.