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(영문) 수원지방법원성남지원 2015.11.27 2013가단39550

손해배상(기)

Text

1. The Defendants jointly share KRW 3,036,764 with respect to the Plaintiff and the period from November 26, 2012 to November 27, 2015.

Reasons

1. Basic facts

A. The Defendants, at around 23:50 on November 26, 2012, 2012, walked on the front side of the Seongdong-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, Sungnam-gu, and the Plaintiff was faced with the Plaintiff and E, and the Plaintiff’s daily behaviors and the Defendant’s daily behaviors were punished for vision.

In this process, the Defendants jointly assaulted the Plaintiff and inflicted injury on the Plaintiff, such as the right side, the inner wall, and the lower wall, which require treatment for up to eight weeks (hereinafter “the instant injury”).

B. On May 31, 2013, the Plaintiff and Defendant D were subject to a disposition of suspension of indictment at the Sung-nam Branch of the Suwon District Prosecutors’ Office.

C. Defendant B and C were indicted for violating the Punishment of Violence, etc. Act (joint injury) and the Punishment of Violences, etc. Act (joint violence) with the Suwon District Court’s Sung-nam Branch 2013 Godan1075. On October 4, 2013, the above court sentenced the Defendants to a suspended sentence of two-year imprisonment for each of the six months. The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 3, Eul evidence 3 and 4, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition of liability, the defendants are liable for damages incurred by the plaintiff due to the injury of this case as joint tortfeasor.

B. However, according to the facts acknowledged earlier, the Plaintiff’s mistake was also contributed to the occurrence of the instant accident or the expansion of damages, and thus, the Defendants’ responsibility is limited to 80%, since the Plaintiff was faced with E and shoulder, and the Plaintiff’s conduct and the Defendants’ conduct were committed in a trial. In that process, the Plaintiff abused the Defendants, and thereby, the Plaintiff was subject to suspension of indictment.

3. Scope of damages.

(a) On the basis of passive damage (daily loss) 1: F student, male 2) monthly income: 2,600,833 won, the victim’s actual income in the damages case.