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(영문) 창원지방법원 2017.08.31 2016가단3228

손해배상(기)

Text

1. The Defendants jointly share KRW 1,460,104 with respect to the Plaintiff and KRW 5% per annum from March 8, 2015 to August 31, 2017.

Reasons

1. Occurrence of liability for damages;

A. On March 8, 2015, at around 04:50 on March 8, 2015, the Defendants suffered injury, such as inside and inner walls, which require approximately four weeks of medical treatment, in consideration of the Plaintiff’s face level in drinking at “Ecafeteria” as defined in subparagraph 106 of Article 106 of the Dental Building, and caused injury to the Plaintiff.

[Reasons for Recognition: A. 1-3, A. 9-9-2, B-1-2, and the purport of the entire pleadings] Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for damages caused by tort.

B. At the time of the instant case involving limitation of liability, the Plaintiff was also at the time of the Defendant B’s face, and due to this, the Plaintiff was subject to suspension of prosecution by the prosecutor on the crime of injury and assault.

[Reasons for Recognition: Evidence No. 5, Evidence No. 9-9, Evidence No. 2-1, and evidence No. 2 of the Plaintiff / [2] The Plaintiff’s above acts also contributed to the occurrence or expansion of the Plaintiff’s damage. Therefore, the Defendants’ liability is limited to 80% in consideration of this.

2. Scope of liability for damages

(a) Net income [155,571 won = ((57,872,706 won ¡À 12 months ¡À 31 days) ¡À) 】 Period of hospitalization, one day of less than won, but less than won; hereinafter the same shall apply] [Grounds for recognition: Evidence A 2 and 10];

(b) Wrons treatment expenses of KRW 669,560 (Evidence ground: Evidence A7);

(c) Limitation 1) Liability Ratio of the Defendants: 80%: Calculation 660,104 won (=(the actual income of KRW 155,571, 669,560) x 80%)

(d) Considerational reasons: The developments leading up to the occurrence of the instant case, degree of injury, and all other circumstances revealed in the pleadings of the instant case: 800,000 won;

3. According to the conclusion, the Defendants jointly agreed to the Plaintiff KRW 1,460,104 (i.e., KRW 660,104 consolation money of KRW 800,000), as well as damages for delay calculated at the rate of 5% per annum under the Civil Act from March 8, 2015, which is the date of the instant judgment, until August 31, 2017, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, which is the date of the instant judgment, to the date of full payment.