A. On April 2, 2020, the Plaintiff asserted that there was a dispute over noise between the Defendant and the upper floor, and suffered from assault by the Defendant and injury to brain salvine, etc., and damaged salvbles, and thus, the Defendant is obligated to pay the Plaintiff KRW 1,330,500 as compensation for damages, such as medical expenses and the purchase cost of safe salvbles, and the Defendant is obligated to pay KRW 50 million as compensation for mental damage.

The argument is asserted.

B. Determination 1) According to each of the statements in Gap evidence No. 6, Eul evidence No. 3-2, and Eul evidence No. 3-4 of the liability for damages, the defendant exercised tangible power, such as leading the plaintiff's clothes retail, being pushed down, being pushed down, being pushed down, etc. (hereinafter "the assault of this case") while the defendant was in conflict with noise problems between the floor around April 2, 2020 around April 18, 2020, and the plaintiff suffered injury to two parts and parts, but there is no evidence to prove that the defendant damaged the plaintiff's safety.

According to the above facts, the defendant is liable to compensate the plaintiff for damages arising from the assault of this case.

2) The scope of the Defendant’s liability is limited to 40% of the Defendant’s liability in light of the following: (a) the instant assault was not the Defendant’s unilateral assault, but the Plaintiff and the Defendant’s nature of both assault during the dispute and dispute arising from noise between floors, and the fact that the Plaintiff appears to have exercised the substantial tangible power first; (b) the Defendant’s liability is limited to KRW 40% of the Defendant’s liability in light of the following: (a) the instant assault was not the Defendant’s unilateral assault; (c) the Plaintiff and the Defendant’s act of assault was committed in the course of the dispute and dispute arising from noise between floors; (d) the Plaintiff appears to have exercised the substantial tangible power first.

C) Mental consolation money recognizes KRW 500,000 as consolation money by comprehensively taking account of the developments leading up to the instant assault, the degree of assault inflicted by the Defendant, the degree of injury inflicted by the Plaintiff, etc.

3) According to the conclusion of the lawsuit, the Defendant is liable to the Plaintiff for damages incurred by the assault of this case, KRW 746,200 [medical expenses KRW 246,200].