A. The facts of recognition 1) around 03:30 on June 21, 2014, the Defendant: (a) committed an indecent act in front of the E-road located in Busan District, Busan District; (b) the Defendant, like the Defendant’s daily head F and G, and demanded I to do so by committing an indecent act; (c) but I did not demand I to do so; (d) but I, H and body fights. During that process, on the ground that H was found to have been at the time of the Defendant’s son’s chill and face with the Defendant’s hand, and caused the Defendant’s death to go beyond the end of the concrete floor, and caused the death of the Defendant to go beyond the 3rd 4th H’s face on the same day as “the death of the Defendant 4 to 5th H due to the assault and injury of the Defendant.”

(2) On September 19, 2014, the Defendant was charged with the foregoing criminal facts and was sentenced to imprisonment for two years by the Busan District Court.

(Dasan District Court Decision 2014Gohap427). 3) The Plaintiffs are parents of H. [The Plaintiffs are the parents of H. [The facts that there is no dispute over the grounds for recognition, Gap evidence 1 through 6, Eul evidence 2-1 through 4, Eul evidence 3, Eul evidence 4-1, 2, and Eul evidence 5-1 through 3, and the purport of the whole pleadings.

나. 판단 1) 위 인정사실에 의하면, 피고는 H을 폭행하여 사망에 이르게 하였으므로, H의 사망으로 인한 손해를 배상할 책임이 있다. 2) 다만, H은 자신의 일행인 I이 피고의 일행인 G을 추행하는 바람에 시비가 되었음에도 위 시비에 가담하여 피고의 빰을 때리는 등 이 사건 사고의 원인을 제공한 점 등을 참작하여 피고의 책임을 80%로 제한한다.

2. Scope of damages.

A. H’s loss income 1) Recognition of H’s loss income and the date of birth 1: J-B’s name: J-B: income and the date of completion of operation: H’s employee of DBA Co., Ltd. immediately before the date of the instant accident.