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(영문) 대구지방법원 2017.06.21 2016나14896

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The judgment of the court of first instance.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 20:30 on May 10, 2014, the Defendant: (a) on the ground that the Plaintiff, outside of the Plaintiff, she was frighting to guests in the D restaurant located in Busan-si, and the Plaintiff was frighting to their breasts by hand outside the Plaintiff; (b) on the ground that the Plaintiff’s head and breasts were 10 meters away from the D restaurant, the Plaintiff was frighting to the public telephone box at approximately 10 meters away from the D restaurant, and the Plaintiff was fright up to the ground floor at about 10 times when the Plaintiff’s head and breasts were drinking at around 10 times; and (c) on the ground that the Plaintiff sustained injury, such as brain, salted, and frighted frighting, etc., of which detailed details need to be treated for about 2 weeks (hereinafter the Defendant’s act is referred to as “instant harmful act”).

(2) On October 23, 2015, the Defendant was issued a summary order of KRW 500,000 by the Daegu District Court Decision 2015 High Court Decision 2015 High Court Decision 14645 on October 23, 2015, and the said summary order was finalized on November 3, 2015.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 12 (including paper numbers), Eul evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant's harmful act of this case constitutes a tort, and the defendant is liable to compensate the plaintiff for the loss suffered by the plaintiff due to the harmful act of this case.

2. Scope of liability for damages

A. Medical expenses: According to the evidence Nos. 6 and 7 (including paper numbers) of 379,360 won, the Plaintiff spent KRW 379,360 as the medical expenses for the injury caused by the instant harmful act.

B. Consolation money: 1,00,000 won is the Defendant who suffered from the injury due to the instant harmful act and received a long-term pain treatment, etc., and the Plaintiff sought payment of KRW 8,00,000 as consolation money.

The consolation money shall be determined as KRW 1,000,000 in consideration of the various circumstances shown in the pleadings of this case, such as the background leading up to the Defendant’s harmful act, the degree of damage inflicted on the Plaintiff, etc.

C. Accordingly, according to the theory of lawsuit, the defendant is liable to the plaintiff for damages caused by tort: medical expenses of KRW 1,379,360 = 379,360.