손해배상(기)
1. The defendant's appeal is dismissed.
2. The costs of appeal shall be borne by the Defendant.
Purport of claim and appeal
The judgment of the court of first instance.
1. The reasons for the acceptance of the judgment of the court of first instance are as follows, except where the defendant added the following additional judgments as to the assertion emphasized by the court of first instance, and thus, they are cited by the main sentence of Article 420 of the Civil Procedure Act.
2. Additional determination
A. The defendant's assertion also sustained a bodily injury due to the plaintiff's assault, and thus, the defendant's claim for consolation money against the plaintiff's damage claim against the defendant is offset.
B. An offset against damage liability arising from an intentional tort is not allowed (Article 496 of the Civil Act). The same applies to the case where the damage liability arising from an intentional tort occurred in the same case, such as the case where the automatic claim was inflicted on a fighting match at the same time.
(See Supreme Court Decision 93Da38444 delivered on February 25, 1994). As determined in the first instance judgment, the Defendant’s damage liability against the Plaintiff is the obligation that the Defendant intentionally inflicted an injury on the Plaintiff, and thus, the Defendant’s defense of set-off against the Plaintiff, which is a passive claim, is impermissible as it violates Article 496 of the Civil Act.
Therefore, the defendant's above assertion is without merit.
3. The judgment of the court of first instance which partially accepted the Plaintiff’s claim of this case is justifiable, and the Defendant’s appeal is dismissed as it is without merit.