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(영문) 광주지방법원 2017.06.15 2016나9571

손해배상(기)등

Text

1. The defendant's appeal is dismissed.

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

3. The judgment of the court of first instance is rendered on January 1, 201.

Reasons

1. Basic facts

A. A. On February 28, 2015, the Defendant: (a) around the house of the village heading, located in Chungcheongnam-gun, Chungcheongnam-do; and (b) during the dispute with the Plaintiff and the Plaintiff, who is the place of the village residing in the same village, having been suffering from the ground cultivation issues; and (c) took a bath, such as the Plaintiff’s fating and fating the Plaintiff’s fat, and fating the Plaintiff’s fating the Plaintiff’s fat, and fating the Plaintiff’s b1-day care for 21-day treatment.

(hereinafter “instant assault”) b.

The Plaintiff spent KRW 592,960 at a hospital and KRW 4,000 at a dental hospital to treat the injury inflicted by the instant assault.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5 through 10 (if there are numbers, including numbers; hereinafter the same shall apply), and the result of fact inquiry into the Eental Hospital of the first instance court, the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the facts seen earlier prior to the occurrence of the liability for damages, the Defendant is liable to compensate the Plaintiff for damages, since it committed a tort of assaulting and injuring the Plaintiff.

B. In full view of all the circumstances revealed in the argument of the instant case, such as the background leading up to the restriction on liability for damages (influence by negligence), it is reasonable to view the Plaintiff’s negligence as 30%.

3. Scope of liability for damages

A. 1) Property damage 1) The Plaintiff spent a total of KRW 4,592,960 in order to treat the injury suffered by the instant assault (i.e., D Hospital: KRW 592,960: KRW 4,000,000). As seen earlier, the Plaintiff’s damages equivalent to the Plaintiff’s medical expenses are KRW 4,592,960. As to this, the Defendant asserts to the effect that KRW 4,00,000 paid by the E Hospital is not related to the instant assault.

However, it may be recognized according to the results of the entry of No. 1 and the fact-finding on the Eental Hospital of the first instance court.