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(영문) 수원지방법원안산지원 2015.07.07 2013가단17032

손해배상(기)

Text

1. The Defendant’s KRW 20,141,088 to the Plaintiff and KRW 5% per annum from November 25, 2012 to July 7, 2015 to the Plaintiff.

Reasons

1. Basic facts

A. At around 02:00 on November 25, 2012, the Defendant saw the Plaintiff’s face as drinking in front of 539-17, Ansan-si, a member of Ansan-si, with no justifiable reason, and went beyond the Plaintiff’s face, and put the Plaintiff out of the mouth when taking over the Plaintiff’s face into drinking and drinking.

B. Meanwhile, the Defendant deposited KRW 20,000,000 for the Plaintiff.

[Ground of recognition] Facts without dispute, Gap evidence 2, Gap evidence 3-1 and 2, the purport of the whole pleadings

2. Occurrence and scope of liability for damages;

A. Since it is apparent that the Defendant’s act of causing damage by assaulting the Plaintiff constitutes a tort, the Defendant is liable to compensate for the damages suffered by the Plaintiff due to the above tort.

B. In calculating the periods and amounts below the scope of liability for damages, the current price shall be calculated in accordance with the door-to door discount method, and the amount below the won shall be discarded.

[Ground of recognition] In the absence of dispute, Gap evidence 1, Gap evidence 5-1, 2, Gap evidence 8, 9, Gap evidence 10-1 through 27, Gap evidence 10-1, 11-2, and the result of this court's entrustment of physical examination to the director of the Ai University Hospital, the purport of the whole pleadings, 1) passive damages (daily profit) , personal information, maximum working age, and life expectancy: The same is also stated in the column of basic matters in the attached table of calculation of damages amount.

B) Occupation and income: As the Plaintiff seeks, each income equivalent to the ordinary part-time wage in the second half of 2012 from November 25, 2012 to December 31, 2014, and the amount equivalent to the ordinary part-time wage in 2015 from the next day to the maximum working age in 2015, shall be recognized. (c) The remaining disability and the labor disability loss rate: The Plaintiff was hospitalized in Korea University Medical Center Hospital and C Hospital from November 26, 2012 to December 31, 2012, respectively, and the labor disability loss rate is recognized as 10% during the pertinent hospitalization period.

From the next day to the maximum working age, 5% of the loss rate of labor ability shall be recognized. Determination shall be 24,676.