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(영문) 대전지방법원천안지원 2019.05.01 2017가단108802

손해배상(기)

Text

1. The Defendant’s KRW 113,177,070 for the Plaintiff and 5% per annum from June 25, 2017 to May 1, 2019.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 08:00 on June 25, 2017, the Defendant: (a) while doing so with her husband at D site located in Dong-gu, Chungcheongnam-gu, Dong-gu; (b) around 08:00, the Plaintiff, who had been doing construction at this place, was in dispute with her husband, caused water to flow off to her seat while her work; and (c) during that process, the Plaintiff was in dispute with her husband and her husband; (d) the Plaintiff her husband and flab; (e) her flabbbbbbbbbbbs; and (e) her face part of the Plaintiff’s flabbbbbs; and (e) she suffered injury to the Plaintiff, such as a part of flabing, the right part of which requires treatment for approximately seven weeks (hereinafter “instant tort”).

(2) On January 24, 2019, the Defendant was indicted for an injury to the instant tort and was sentenced to a suspended sentence of two years on January 24, 2019.

(The Daejeon District Court 2017 High Court 2017 High Court 2593). The defendant appealed against the above judgment.

[Reasons for Recognition: Facts without dispute, Gap 1, 2, 7, 9, the purport of the whole pleadings]

B. According to the above facts finding that the defendant committed the tort of this case against the plaintiff, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

C. The defendant asserts that the defendant's liability should be reduced to less than 50% since the plaintiff's husband is wurged with the defendant's husband, and that the plaintiff's liability should be reduced to less than 50%.

As seen earlier, the Plaintiff, who flap with the Defendant’s husband, committed an unlawful act in this case against the Plaintiff, while it is difficult to see that the above circumstances are grounds for limiting the Defendant’s liability in light of the degree of vagabonds, etc. between the Plaintiff and the Defendant’s husband, and there is no other evidence to acknowledge it otherwise.

2. The attached amount of damages, except as otherwise stated below within the scope of damages.