beta
(영문) 서울서부지방법원 2015.12.11 2015나2380

손해배상(기)

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. Defendant B operates a clothing store with the trade name “E” on the underground floor of Jung-gu Seoul Central District, Seoul Central District, and Defendant C is a female student of Defendant B.

The plaintiff leased one of the above "E" stairs adjacent to the clothing store to store remedy goods and used them as a warehouse.

B. At around 17:20 on May 6, 2013, the Defendants, prior to the clothing store operated by Defendant B, had a dispute with the Plaintiff due to the reason that the Plaintiff had dust in the process of leaving the clothing, etc., and Defendant B maintained the Plaintiff’s body by hand while “Is the Plaintiff to leave,” and Defendant C pushed the Plaintiff with the arms as soon as possible.

(hereinafter “Assault of this case”). [Grounds for recognition] Eul 1, Eul 2-7, 12, and 13-3, part of Eul 2-5-2, and the purport of the whole pleadings

2. At the time of the assault in this case, Defendant B, at the time of the assault in this case, suffered two fingers of the two fingers, and Defendant C, by drawing the Plaintiff into the stairs, laid down the Plaintiff a door up to approximately 20 minutes of telegraphs, such as head, neck, and shots, and saved the Plaintiff’s head, and then suffered three cautions, such as the Plaintiff’s head, knife, knife, and knife the Plaintiff’s head, thereby causing an injury to the hacks pipe of a rail, and thus, Defendant C, at the time of the assault in this case, claimed KRW 30,00,000 for mental pain.

3. Determination

A. According to the facts acknowledged earlier, the Defendants jointly committed an illegal act of the assault of this case. As such, the Defendants jointly and severally, as joint tortfeasor against the Plaintiff, are liable to compensate the Plaintiff for the damages incurred to the Plaintiff due to the said assault. (2) However, it is insufficient to recognize that the entries in the evidence Nos. 1-4, No. 2-5, No. 11, and No. 16 of the evidence No. 2-5, No. 2-5, No. 11, and No. 16 have inflicted injury on the Plaintiff due to the Defendants’ act of her beta, and there is no other evidence to acknowledge this otherwise, the remainder

(b).