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. Facts of recognition;
A. The Plaintiff’s children and the Defendant’s children are the original students of the D Child Care Center located in Guro-gu Seoul Metropolitan Government.
B. At around 15:50 on March 28, 2016, the Defendant visited a child care center and visited the Plaintiff to the effect that the Plaintiff suffered a wound with his face of the Defendant, and then suffered bodily injury for about 10 days, because the Plaintiff’s hair was shaking back to the Plaintiff.
C. The Plaintiff spent KRW 130,400 as the medical expenses and the issuance expenses of a medical certificate on the following day after the damage occurred, and the Defendant was above B.
A summary order of KRW 500,000 was issued for the crime of injury of this paragraph, and it became final and conclusive around that time.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, entry of Eul evidence of subparagraphs 1 to 3, purport of whole pleadings
2. Determination
A. As seen earlier prior to the occurrence of the liability for damages, the Defendant is liable to compensate the Plaintiff for damages caused by the injury, since the Defendant was aware of the Plaintiff’s head knife.
B. In relation to property damage within the scope of compensation for damage, the fact that the Plaintiff paid KRW 130,400 to the Plaintiff for medical expenses and the issuance expenses of a medical certificate, etc. due to the Defendant’s assault. Therefore, the Defendant is liable to pay the Plaintiff KRW 130,400, including the above medical expenses, and damages for delay.
With respect to mental damage, it can be inferred that the plaintiff suffered from mental impulse and pain by assaulting from the defendant who is the mother of her natives while the plaintiff lives in a child care center where her children live, and 300,000 won shall be determined in consideration of the origin and circumstances of the case, the degree and degree of injury, the relationship between the plaintiff and the defendant, and all other circumstances.
C. As to the judgment on the defendant's counterclaim, the defendant paid the plaintiff's face of the defendant's infant in this case.