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(영문) 대구지방법원 2017.08.09 2016나11767

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be cancelled.

Reasons

1. Facts of recognition;

A. The Plaintiff and the Defendant are neighboring residents living on the lower floor of Daegu Dong-gu C (hereinafter “instant loan”).

B. At around 11:00 on November 29, 2015, the Defendant found the Plaintiff’s residence in the instant loan No. 101 202, supra, on the ground that the Plaintiff was slick at the upper floor on the ground that the Plaintiff was slick, and then brought a complaint against the Plaintiff by stating that “I would slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick slick.” While the Plaintiff’s slick slick slick slick slick sl.

C. The Defendant was indicted for summary facts as above and filed a summary order of KRW 4 million (Seoul District Court 2016 High Court 2016 High Court 3941), and filed a request for formal trial against the said summary order under the Daegu District Court 2016 High Court 2015 High Court 723. However, the above court found the Defendant guilty of the above facts constituting the crime, etc. on August 10, 2016 and sentenced the Plaintiff to a fine of KRW 4 million. The Defendant appealed with the Daegu District Court 2016No3426, which was dismissed on February 8, 2017, and the said judgment became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap's statements in Gap's 1 to 3, 8, 9 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition of the liability for damages, since the defendant inflicted an injury on the plaintiff, the defendant is liable to compensate the damages suffered by the plaintiff due to such tort.

B. The scope of liability for damages No. 4.