손해배상(기)
1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. On September 14, 2013, at around 01:00, the Defendant: (a) committed assault against the Plaintiff’s chest part of the Plaintiff’s chest that was drinking in a D restaurant located in the food fluor of the Seongdong-gu Seoul Metropolitan City C market at several times; (b) caused the instant assault by the instant assault to inflict bodily injury, such as inside the right side and inside the inner wall, which requires six weeks’ treatment.
(B) As above, the Defendant’s act causing injury to the Plaintiff (hereinafter “instant tort”).
On November 20, 2014, the Defendant was sentenced to a fine of KRW 3 million on the instant tort (Seoul Eastern District Court 2014No1138), and the said judgment became final and conclusive around that time.
C. The Plaintiff spent respectively KRW 4,611,702 on October 1, 2013, KRW 13,300 on October 14, 2013, KRW 24,300 on October 14, 2013, and KRW 24,300 on September 21, 2016, and KRW 17,200 on October 14, 2013; KRW 32,300 on October 14, 2013; KRW 19,570 on January 15, 2014; KRW 7,50 on July 6, 2015; KRW 40 on September 29, 2016; and KRW 40,70 on September 25, 2017 on May 205, 2015, respectively.
On August 1, 2014, the Defendant deposited KRW 3.5 million for the Plaintiff (hereinafter “instant deposit”). The Plaintiff received the instant deposit money.
【Grounds for Recognition】 1 to 3, 8, 19 (including each number in case of virtual number), the purport of the entire pleadings
2. Determination
A. The Plaintiff’s assertion spent the total of KRW 4,671,002 (i.e., KRW 4,611,702, KRW 13,300, KRW 21,700) for the treatment costs of the instant tort, and the Plaintiff was anticipated to spend the treatment costs of KRW 8,511,320 in the future, and mental damage was also anticipated.
Therefore, the Defendant is obligated to pay to the Plaintiff the remainder of KRW 19,731,822, which remains after deducting KRW 3.5 million out of KRW 23,182,322, which is the sum of KRW 4,671,02, KRW 8,511,320,000, and KRW 10,000,000,000,000.
B. According to the above facts, the defendant is liable for damages of this case.