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(영문) 창원지방법원통영지원 2016.07.14 2016가합10212

손해배상(기)

Text

1. The Defendant’s KRW 307,404,334 as well as 5% from September 21, 2015 to July 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. From August 26, 2015, the Defendant was living together with the deceased C (hereinafter “the deceased”) and the D Building 201 at the time of Tong Young-si.

나. 사고의 발생 피고는 2015. 9. 21. 03:00경 위 거주지에서 피고가 청소를 해놓은 것에 대해 망인으로부터 “그래서 내보고 우짜라고, 누가 하라고 했나.”라는 말을 듣고 화가 나, 손바닥으로 망인의 얼굴을 3회 때리고, 발로 망인의 배를 강하게 걷어찼다.

이어 피고는 망인으로부터 “대충 살면 되지.”라는 말을 듣고 다시 화가 나, 방 안에 있던 나무로 제작된 밥상을 양손으로 들어 벽면에 던져 파손한 다음, 부셔진 밥상 다리로 망인의 팔 부위를 5회 내리치고, 망인의 배를 수회 걷어찼다.

As a result, the Deceased died from multiple trauma damage in toilets located in the above residence around 04:40 on the same day.

C. As above, the Defendant was indicted for committing the crime of bodily injury resulting from the death of the deceased, which led to the death of the deceased, and was sentenced to five years of imprisonment on June 2, 2016 (the Changwon District Court 2016Kahap4), and the Defendant appealed against the above judgment and is still pending in the appellate trial.

[Supplementary High Court (Capwon) 2016No210] D.

The mother E and the East F of the Deceased in inheritance renounced inheritance, and the Plaintiff, the supervisor of the Deceased, made a qualified acceptance.

(The grounds for recognition) / [the grounds for recognition] / [the fact that there is no dispute or no clear dispute, Gap evidence Nos. 1 through 6, 9 (including paper numbers) and Eul evidence Nos. 2, the purport of the whole pleadings and arguments

2. Occurrence of liability for damages;

A. According to the facts acknowledged by paragraph (1) of the establishment of liability for damages, the defendant is liable to compensate for the damages suffered by the plaintiff, who is the deceased and their bereaved family members due to the accident in this case as a tortfeasor pursuant to Article 750 of the

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