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(영문) 의정부지방법원 2020.02.14 2019나211349

상해 손해배상

Text

1. Of the judgment of the court of first instance, the part against the plaintiff, which orders additional payment, shall be revoked.

Reasons

1. On October 27, 2015, the Defendant: (a) around 21:00, around Dju-gun, Gyeonggi-gu, Gyeonggi-do; (b) reported that the Plaintiff satise E, the Defendant’s seated the Defendant’s chest; and (c) satise the Plaintiff’s chests and satise the Plaintiff’s chests at drinking times; and (d) satise the Plaintiff’s chests and satise for approximately five to six weeks of treatment; and (e) caused the Plaintiff’s injury, such as the cutting of the bones of a single bones, the head part of the satis, and the satise, etc. (hereinafter “instant injury”).

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 4, 8, 9, and the purport of the whole pleadings

2. According to the occurrence of liability for damages and the recognition of the above limitation, the defendant committed an illegal act of assaulting and injuring the plaintiff, and thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff.

Comprehensively taking account of the above evidence Eul's evidence No. 2, it can be acknowledged that the plaintiff first inflicted injury on E, who is the defendant's will, and the defendant set up against it and inflicted injury on the plaintiff. Such mistake of the plaintiff became the cause of the injury of this case.

As seen earlier, the defendant's liability is limited to 70% in light of the circumstances of the assault.

3. Scope of damages.

A. According to the evidence No. 3, the plaintiff can recognize that the plaintiff spent the total of KRW 1,269,490 for the treatment of the injury in this case.

B. (1) Labor expenses (1) The Plaintiff’s assertion: (a) harvested the standards from forest land; and (b) processed and sold them; (c) the Plaintiff could not harvest the standards due to the instant injury, etc.; (d) made the Plaintiff employ some of F for 28 days from November 5, 2015 to December 5, 2015, which was 28 days from the daily average and had 280,000 won harvest, etc.; and (e) paid KRW 7,840,00 as labor expenses, the Defendant shall compensate for the said damage.

(2) The evidence that seems to correspond to the judgment is indicated in the evidence No. 17-1 and No. 2, but the evidence A.