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(영문) 인천지방법원 2019.05.09 2018가단225028

손해배상(기)

Text

1. The Defendant: (a) on October 29, 2017, the Plaintiff KRW 13,750,700 for each of the said KRW 1,00,000 for Plaintiff A and each of the said KRW 1,00,000 for Plaintiff B and C.

Reasons

1. Facts of recognition;

A. On October 29, 2017, the Defendant (E) suffered from the instant accident, around 01:30 on October 29, 2017, at the G store located in Gyeyang-gu Incheon Gyeyang-gu, the Defendant inflicted an injury on the Plaintiff A, who was in need of treatment for approximately 28 days (four weeks) by assaulting the Plaintiff A to the Plaintiff and was in need of treatment.

(hereinafter “instant accident”). (b)

(1) The plaintiff A spent the total of KRW 6,331,710 for the treatment costs incurred after being hospitalized with the defendant's assault and the treatment costs incurred after discharge.

(2) Under the Defendant’s assault, the Plaintiff A complained of symptoms of low comath (non-points). The Plaintiff’s future treatment costs spent KRW 4,418,90 in total, including the Defendant’s sexual surgery, KRW 3,952,50, and KRW 466,490.

C. The Plaintiff B and C are the parents of Plaintiff A.

【Ground for Recognition: Facts that the defendant does not clearly dispute (Article 150(3) of the Civil Procedure Act)

2. Determination

A. According to the above fact of recognition of the damage compensation liability, the defendant has a duty to compensate the damage suffered by the plaintiffs since the defendant abused and inflicted an injury upon the plaintiff A.

B. (1) The scope of damages is acknowledged in light of the empirical rule that the Plaintiffs suffered mental distress due to the instant accident of KRW 4,418,90 (3) of the medical treatment expenses in the future, KRW 6,331,710 (2). The time and place of the instant accident, the injury part and degree of the Plaintiff, and the accident of this case, the Plaintiff did not have any particular disability of the Plaintiff A due to the instant accident, and the amount of consolation money shall be determined to the Plaintiff as KRW 3,00,000, KRW 1,000,000, respectively, in consideration of all the circumstances shown in the argument of this case, including the Plaintiff and the Defendant, at the time of the instant accident.

C. Accordingly, according to the theory of lawsuit, the Defendant’s damages for tort damages amounting to KRW 13,750,700, Plaintiff B, and C, respectively, and KRW 1,000,000 for each of the said money, and 5% per annum as stipulated in the Civil Act, from October 29, 2017 to August 5, 2018, which is the delivery date of the complaint of this case.