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(영문) 서울남부지방법원 2019.07.02 2016가단36465

손해배상(기)

Text

1. The Defendant’s KRW 5,238,875 as well as the Plaintiff’s annual rate from September 3, 2016 to July 2, 2019.

Reasons

1. Facts of recognition;

A. At around 11:40 on June 20, 2016, the Defendant: (a) brought an injury to the Plaintiff, such as the part of the face and the part of the Plaintiff’s face, and the part of the Plaintiff’s satching (hereinafter “the instant injury”), due to the Plaintiff’s assaulting the face of the Plaintiff while making a request for the Plaintiff’s tobacco at the Plaintiff’s rejection; (b) the Defendant satched the Plaintiff; and (c) satched the Plaintiff’s satch for about three weeks of treatment (hereinafter “the instant accident”); (d) the Plaintiff took a dispute at the above time, at the above place; (e) the Plaintiff took the Defendant’s face as his hand; and (e) the Defendant satisfed the Defendant’s fat, etc., with the Defendant’s fating the Defendant’s bat, etc., for about two weeks of treatment.

B. The Plaintiff and the Defendant were issued a summary order of KRW 1,500,000, and the Defendant’s fine of KRW 1,500,000, respectively, for each of the crimes of injury. On September 1, 2016, the Plaintiff filed an application for formal trial against the said summary order under the above court No. 20197, Sept. 1, 2016. The said court sentenced the Plaintiff to a fine of KRW 1,00,00 on the grounds that the Plaintiff’s crime of injury was recognized, and the said judgment became final and conclusive.

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1-2 through 4, 2, 3, Eul evidence Nos. 2 and 4, the purport of the whole pleadings

2. The plaintiff's assertion that the defendant inflicted an injury on the plaintiff due to the plaintiff's face injury constitutes a tort, and the defendant is obligated to pay 1,043,100 won (307,50 won for dental treatment expenses of 735,600 won for non-permanent and medical treatment expenses of 735,600 won) for damages against the above tort, and 28,500,000 won for future medical treatment expenses (20,000,000 won for replacement expenses related to crypt), 5,000,000 won for c4,543,100 won for damages to the plaintiff.

3. Determination

A. The liability for damages is established.