손해배상(기)
1. The Defendant’s KRW 8,469,859 as well as the Plaintiff’s annual rate of 5% from May 24, 2017 to May 20, 2020.
1. On June 22, 2018, the Defendant was sentenced to a fine of one million won for the following criminal facts in the Daegu District Court Decision 2018 High Court Decision 2018 High Court Decision 201Hun-Ma26, which became final and conclusive by dismissing the appeal.
The defendant is a private taxi driver.
On May 24, 2017, at around 06:40, the Defendant d'(n, 45 years of age) was floated, floated, floated, floated, floated, floated, floated, and floated, with the victim's misin, due to the taxi rate.
At the time, since the victim was fighting in the next place, there was a duty of care to prevent the victim from being able to do so.
Nevertheless, the defendant neglected this and caused the victim to be tightly damaged by his negligence, thereby causing about five weeks of medical treatment to the victim.
【Ground of recognition】 Facts without dispute, entry of Gap evidence 1, 5, and 6 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings
2. Determination
A. Even if the occurrence of liability for damages and limited civil trial are not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts are material evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil trial.
(See Supreme Court Decision 97Da24276 delivered on September 30, 1997, etc.). According to the aforementioned facts, in a final and conclusive criminal judgment, the fact that the Plaintiff was injured for about five weeks due to the Defendant’s negligence, and the evidence submitted by the Defendant alone was beyond the Plaintiff irrespective of the Defendant’s negligence, and there is a special circumstance to acknowledge the facts contrary thereto.