손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. Facts of recognition;
A. At around 14:30 on November 6, 2017, the Defendant became a glicker with the Plaintiff and the Silicker from among golf in the Datives club located in the Satives club located in Innju-si, the Defendant was punished for the horse dispute.
The plaintiff's right shoulder part of the plaintiff's right shoulder by using a miter, miter, which is a dangerous object on the miter and miter. The plaintiff suffered a salt, tension, etc. of the shoulder part, which requires treatment for about two weeks.
(c).
The Plaintiff was hospitalized in the E Hospital from November 7, 2017 to November 15, 2017 and received medical treatment.
[Ground of recognition] Evidence Nos. 1 through 4, Evidence No. 5-1 and 2, and the purport of the whole pleadings
2. Determination as to the cause of action
A. The Plaintiff’s assertion was that even after the Defendant’s above tort caused difficulties in driving the right arms and shoulder, the Plaintiff was unable to carry out his/her work even after discharge. As such, from November 7, 2017 to December 6, 2017, the following day after the instant accident occurred, the Plaintiff had no choice but to use sick houses for treatment for a total of 30 days. Thus, the Defendant is obligated to pay the Plaintiff the Plaintiff the amount of KRW 3,294,570 for the above 30 days’ lost income (109,819 x 30 days’ total urban daily wage). Thus, the Defendant is obligated to pay the Plaintiff the amount of KRW 2,020,170, KRW 2,000, KRW 7,314,740, and delay damages.
B. (1) According to the above fact of recognition of the occurrence of liability for damages, the defendant is obligated to pay damages to the plaintiff due to the defendant's assault.
In regard to this, the defendant asserts to the effect that the right shoulder part of the part of the plaintiff's right shoulder is not caused by the defendant's assault, but considering the police investigation conducted after the defendant's assault, the treatment details, medical certificate, etc., it is reasonable to view that the injury suffered by the plaintiff was caused by the defendant's assault.
Therefore, the defendant's above assertion is without merit.
(2) In the event that the scope of liability for damages is generally hospitalized due to lost damage, the treatment is given against the pertinent accident.