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. On March 6, 2014, the Plaintiff: (a) driven a CK5 car owned by the Plaintiff on the road in the Manduk-dong, Busan, Chungcheongnam-gu, Busan; (b) changed the car in the name of D tourist buses that the Defendant driven by the Defendant; (c) the Plaintiff stopped his vehicle in front of the Defendant’s vehicle; and (d) spit the Defendant’s spitfing the Defendant’s face; and (c) the Defendant, against the Plaintiff’s above act, inflicted an injury upon the Plaintiff’s flaping the Defendant’s flap and spiting the Defendant’s flap; and (d) the Defendant, against the Plaintiff’s flap, flading the Plaintiff’s flap and sping the Defendant’s flap, thereby damaging the 446,94 won of repair costs.
[Ground for Recognition: Facts without dispute, entry of Gap evidence 1, result of commission of document forwarding to the Busan District Prosecutors' Office by the court of first instance, purport of whole pleadings]
2. The plaintiff's assertion is liable to pay damages for the plaintiff's property and mental damage, since the defendant committed a tort such as harming the plaintiff's vehicle by destroying the vehicle owned by the plaintiff, harming the plaintiff's neck by assaulting the plaintiff's neck, causing a sense of shame and mental harm.
3. In a civil trial, even if it is not bound by the finding of facts in the criminal trial, the facts that the criminal judgment already finalized on the same factual basis was found guilty are valuable evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt the judgment of facts in the criminal trial in light of other evidence submitted in the civil trial.
(see, e.g., Supreme Court Decision 2007Da69148, Feb. 14, 2008). In this case, the Plaintiff and the Defendant suffered bodily injury on the e.g., the e., the e., the e.g., the e., the e., the e., the e.g., the e.