손해배상(기)
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
1. On March 19, 2015, the Plaintiff asserted that he/she was assaulted by the Defendant and suffered property damage and mental distress by suffering from the cryp and the cryp of crypical crypical cryp, which requires two weeks of treatment, and thus, the Defendant is obligated to pay the Plaintiff expenses for diagnosis, KRW 152,090, and KRW 2,152,090,090, and damages for delay.
2. Determination
A. Comprehensively taking account of the overall purport of the pleadings, the establishment of damage claim Nos. 1 and 2, the Defendant committed an assault before the Plaintiff’s house in Yongsan-gu Seoul, Yongsan-gu, on March 19, 2015, such as the Plaintiff’s chest and shoulder booming around the Plaintiff’s house, and suffered from the Plaintiff’s crouds in need of two weeks of treatment. It is acknowledged that the Defendant issued a summary order (Seoul Western District Court Decision 2015 High Court Decision 5676) imposing a fine on the same criminal facts. Accordingly, the Defendant is liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to such unlawful acts.
In regard to this, the defendant asserted that "the plaintiff's action against the defendant was brought about violence by the defendant for the purpose of receiving the agreed amount," but it is not sufficient to recognize the above argument only by the descriptions in 1-1 to 4 of Eul, and there is no other evidence to prove otherwise.
(Y) Even if the defendant's assertion is recognized, it does not affect the establishment of a tort, and it is only the matter to be considered as the plaintiff's negligence in determining the scope of damages).
(1) According to the records of Gap 3, active damages, the plaintiff paid 131,470 won in total as medical expenses (=78,740 won 3,000 won in total) and there is no evidence to prove that the plaintiff paid diagnosis expenses exceeding the above amount. The amount of active damages that the defendant is liable to compensate for to the plaintiff is 131,470 won in total.
(2) The amount of consolation money for mental distress suffered by mental damage.