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(영문) 의정부지방법원 2017.09.12 2016가단21100

상해

Text

1. The Defendant’s KRW 8,055,932 as well as the Plaintiff’s annual rate of KRW 5% from July 26, 2016 to September 12, 2017.

Reasons

1. Facts of recognition;

A. On April 28, 2015, the Defendant: (a) was a student who was enrolled at a Chinese Medical University and was enrolled in the same university on the crosswalk, around 13:25, on April 28, 2015; (b) was killed by the Plaintiff, who was scisfing the Defendant at the same university; and (c) was scisfing the Defendant on the ground that he was scisfing the Plaintiff, and the Plaintiff was scisfing the Plaintiff on the ground that he was scisfing for about 30 days on the part of the Plaintiff, and

(hereinafter “instant harmful act”). B.

On October 21, 2015, the Ulsan District Court issued a summary order of KRW 2 million to the Defendant regarding the instant harmful act (Ulsan District Court No. 2015 High Court No. 20125), and the above summary order became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 2 (including branch numbers for those with additional numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the defendant is liable to compensate the plaintiff for damages caused by the harmful act of this case.

However, according to the purport of Eul evidence No. 1 and the whole argument, the defendant filed a complaint against the plaintiff who abused his bridge prior to the harmful act of this case, and the government prosecutor's office of the government prosecutor's office of the defendant acknowledged the plaintiff's summary indictment of 50,000 won as a crime of assault on January 24, 2017. It is reasonable to limit the defendant's responsibility to 80% under the principle of fairness in consideration of all the circumstances, such as the background of the harmful act of this case and the injury injury of the defendant.

3. In addition to the matters stated below within the scope of liability for damages, each corresponding item of the Schedule of Calculation of Compensation for Damages shall be as follows, and in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest at the rate of 5/12 per month.

(a) Wang medical expenses: 1,092,085 China.