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(영문) 서울동부지방법원 2015.05.13 2014나22750

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Establishment of liability for damages;

A. The facts of recognition 1) around 11:00 on June 23, 2013, the Defendant, in the vicinity of the 685 Seoul Forest Park, Sungdong-gu, Seongdong-gu, Seoul, 1, her wife with the Defendant’s wife, and her wife and her her fling with the Defendant’s wife during his rest in the park. On the wind where her her fling dog was ever divided, the Defendant was her fling to the Plaintiff (E) who was in the vicinity of the her fling event. Accordingly, the Plaintiff caused damage to her fry that requires treatment for about 2 weeks (hereinafter “instant accident”), and the Defendant was indicted for a crime of negligence with the Seoul Eastern District Court Decision 2013Da9104, and the above summary order became final and conclusive as is by the Defendant’s summary order.

[Ground of recognition] A without dispute, Gap evidence Nos. 1 through 5, Gap evidence No. 14, the purport of the whole pleadings

B. The judgment of the court below is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident in this case, since the defendant was negligent in violating such obligation even though the defendant was obligated to keep his dog from causing harm to its neighbors.

2. Scope of liability for damages

A. 1) Property damage: 573,805 won (in total, 686,865 won of medical expenses - 113,060 won of medical expenses already paid by the Defendant / [based on recognition] Gap evidence 6 through 10, and 2,505,580 won for future treatment expenses / [based on recognition] Gap evidence 4-1 to 5 images, Gap evidence 13, and the purport of the whole pleadings and arguments

B. Consolation money is obvious in light of the empirical rule that the plaintiff suffered emotional distress due to the accident of this case, and the defendant is obligated to do so in money.

The plaintiff's age is only four years of age.