손해배상(기)
1. Of the judgment of the court of first instance, the part against the defendant in excess of the following amount ordered to be paid shall be revoked.
1. Basic facts
A. On December 23, 2017, at around 02:30, the Defendant, while drinking alcohol, such as the Plaintiff, at the “Diane shop” located in Busan Metropolitan City, had the Plaintiff suffered injury, such as a non-alley drat, which requires treatment for about three weeks, by taking care of the Plaintiff’s face.
B. On January 5, 2017, the Defendant received an investigation from the police station due to the crime of injury due to the reasons stated in the above paragraph (a), and filed a false complaint with the police officer who belongs to the police station in charge of criminal1 team at the Gyeongsan Police Station, which was 68 Sinsan-si on January 5, 2017, around 02:30 on December 23, 2017, the Defendant filed a false complaint with the Plaintiff stating that he/she would be punished for the injury of 3 weeks due to left hand, etc. in the course of preventing him/her from drinking, and thereby preventing him/her from drinking.
C. On September 7, 2018, the Defendant was issued a summary order of KRW 3 million with the Daegu District Court Decision 2018 High Court Decision 2018 High Court Decision 9525, Sept. 7, 2018, and the said summary order became final and conclusive on September 18, 2018.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserted that the plaintiff paid 4,571,696 won for medical expenses incurred by the defendant and suffered from mental suffering. Thus, the defendant is obligated to pay the plaintiff a total of 30,500,000 won for damages (the amount of solatium 26,00,000 won) and damages for delay.
B. According to the facts of the above recognition, the Defendant inflicted bodily and mental pain on the Plaintiff, resulting in injury on the Plaintiff, and with no Plaintiff, resulting in physical and mental pain on the Plaintiff.
Therefore, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above illegal act.
C. 1) Medical treatment evidence Nos. 4 and 5 (including each number, and the whole purport of the pleadings) of medical treatment costs A, according to the purport of the whole arguments, the Plaintiff is an operation and hospitalized treatment at the F Hospital and G hospital, which suffered from injury, such as felbling, etc., by the Defendant.