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(영문) 수원지방법원 2020.09.15 2019나3254

손해배상

Text

Among the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Facts of recognition;

가. 피고는 2017. 1. 21. 23:50경 안산시 단원구 고잔동 중앙역 앞 도로에서 원고 운행의 택시를 발견하고 탑승해도 되냐고 물었더니, 원고가 택시정류장에 정차되어 있는 택시를 이용하라는 말을 하였다는 이유로 화를 내며 택시를 발로 찼다.

In response to this, the plaintiff resisted the plaintiff's body with both hands, the defendant pusheded the plaintiff's body, boomed the plaintiff's body part by drinking, and assaulted the head part by the hand.

B. The plaintiff is the above A.

Due to the Defendant’s harmful act such as the above, the Defendant suffered injury, such as the following arms and other sales in which two weeks’ treatment is required, and the details of unknown parts.

(hereinafter “instant injury accident”). C.

The defendant is above A.

The facts constituting the crime of this subsection are as follows: the Suwon District Court rendered a summary order of KRW 1 million in the amount of a fine of approximately 200,000,000,000 won.

The Plaintiff spent medical expenses of KRW 141,450 on January 23, 2017 due to the instant injury accident.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 4

2. Determination

A. According to the above facts of recognition of the liability for damages, since the defendant committed an illegal act that inflicts injury on the plaintiff, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

B. 1) Property damage: The Plaintiff, who recognized KRW 141,450, did not operate a taxi for 30 days due to the instant injury, asserting that the damage was caused by the daily profit of KRW 6,00,000 (=200,000 per day income x 30 days), but the evidence submitted by the Plaintiff alone is insufficient to acknowledge it, and there is no other evidence to acknowledge it.

Although the Plaintiff asserts that the cost of issuing the certificate of injury amounting to KRW 200,000 is also losses, it is not acceptable to accept this part of the claim inasmuch as there is no evidence to prove that the Plaintiff spent KRW 200,000 for issuing the certificate of injury.

The plaintiff shall pay 300,000 won for taxi repair costs.