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(영문) 의정부지방법원 2016.05.24 2015가단120758

손해배상(기)

Text

1. The Defendants jointly and severally against the Plaintiff KRW 10,710,112, Plaintiff B, and C respectively, and each of the said amounts.

Reasons

1. Facts of recognition;

A. Plaintiff B and C are the parents of Plaintiff A, and the Defendants jointly inflicted an injury on Plaintiff A.

B. The Defendants and F, around 23:00 on July 19, 2015, engaged in a dispute with the restaurant “H” located in Seoul G, and on the same day, the Plaintiff A was put in a main hall, and Defendant D took the face of the Plaintiff on drinking, and Defendant E got the Plaintiff’s hand.

Since then, the Defendants committed assault with Plaintiff A et al. by taking her hys, and F asked Plaintiff A's ear to remove the Plaintiff's ear. Due to such assault, Plaintiff A suffered bodily injury, such as lys fry, dys fys, fys, and gys fys, which require treatment for about four weeks.

【Defendant D’s ground for recognition】 The fact that there is no dispute, each entry of Gap’s evidence Nos. 1 through 3-4, the purport of the whole pleadings, and Article 208(3)2 and Article 150(3) of the Civil Procedure Act (i.e., the judgment by the deeming party)

2. Determination as to the cause of action

A. According to the above facts of recognition of liability for damages, the Defendants committed a tort against the Plaintiff, and thus, they are jointly and severally liable to compensate the Plaintiffs for damages incurred by the tort of this case as joint tortfeasors. 2) However, according to the purport of the entire arguments as to the above evidence, it is determined that the accident of this case occurred due to the Plaintiff A and the Defendants’ dispute between the Plaintiff and the Defendants. The Defendants’ liability is limited to 80% of the amount of damages to be compensated by the Defendants.

B. 1) 2,710,112 won of medical expenses for property damage (=3,387,640 won x 80%) / 80% of medical expenses for property damage / 3,387,640 won / 80% / 1) / 2 of the evidence No. 3-1 to 4 / The amount of consolation money for mental distress suffered by tort can be determined by the fact-finding court at its own discretion in consideration of all the circumstances. < Amended by Act No. 7869,