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(영문) 인천지방법원 2019.04.30 2018나3106

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On September 6, 2017, the Defendant received a summary order of KRW 300,00 in relation to the crime of assault by the Incheon District Court Decision 2017 High Court Decision 14832, and the said summary order became final and conclusive around that time because the Defendant did not request formal trial.

On June 18, 2017, around 21:30 on June 21, 2017, the Defendant used violence against the Plaintiff’s neck by pushing ahead with the Plaintiff (man, 63 years of age) in the middle-gu Incheon Metropolitan City as a water-related dispute.

B. The facts constituting the crime of the above summary order are as follows:

C. On June 18, 2017, the Plaintiff was diagnosed to require two-time medical treatment due to sugar, satise base and tension, dystypium, dystypium, etc., where there are no two inner locations open at E Hospital. The Plaintiff was hospitalized for three days from June 18, 2017 to June 20, 2017.

The above injury diagnosis report was issued on August 16, 2017. D.

In the process of the above treatment, the Plaintiff calculated the amount of KRW 1,428,058 as medical examination fees, hospitalization fees, food supplies, medication and preparation fees, main feed, testing fees, image diagnosis fees, materials for medical treatment, rehabilitation and physical treatment fees, CT and MRI diagnosis fees, emergency medical management fees, and medical certificate fees, and paid KRW 1,428,050 among them.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 through 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Summary of the parties’ assertion

A. The Plaintiff’s assertion is the amount calculated by calculating the daily wage of KRW 102,628 in the report on the survey on the actual status of construction business wages, which was applied in the first half of year 2017, based on the Defendant’s aforementioned harmful act, ① total of KRW 1,428,058 for pharmaceutical expenses and medical expenses, etc. due to active damages, ② passive damages, by calculating the daily wage of KRW 307,884 for three days.

③ As a result, the Defendant is obliged to pay the Plaintiff the above KRW 2,735,942 as compensation for damages caused by tort, and the delay damages therefrom. (i) The Defendant is obliged to pay the Plaintiff the above KRW 2,735,942 as compensation for damages.

(b).