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(영문) 인천지방법원 2015.03.19 2014나52728

손해배상(기)

Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. 기초사실 이 법원이 이 부분에 관하여 설시할 이유는 제1심 판결 이유 중 제3면 2행 “Qy족한 굽으로”를 “뾰족한 굽으로”로 바꾸는 것 외에는 제1심 판결 이유의 해당 부분 기재와 같으므로 민사소송법 제420조 본문에 의하여 이를 그대로 인용한다.

2. According to the above fact of recognition of the liability for damages, the defendant seriously damages the plaintiff's reputation by pointing out false facts, such as "the plaintiff and the sibane have sexual intercourse," and following this, the defendant intentionally committed an illegal act, such as scambling the plaintiff's scam and scambling loss, submitting a false statement of complaint, and making it clear that the plaintiff had suffered considerable impact not only on property damage but also on mental disorder. Thus, the defendant is liable to compensate the plaintiff for property and mental damage caused thereby.

3. Scope of liability for damages

A. The Plaintiff’s assertion that all of the medical expenses incurred in treating the Defendant’s injury, etc. due to the Defendant’s mistake should be included in the damages caused by the Defendant’s harmful act. The Defendant asserted that the amount of the Plaintiff’s claim includes a claim that is not directly related to the injury recognized in a criminal case, and that the mental therapy was no longer recognized as having relation to the case subject to criminal punishment

B. Determination 1) The content of injury (A) injury: According to the statement in evidence 7, the Plaintiff is deemed to have received additional medical treatment on his/her hand, even though six months have passed since it was found that the Plaintiff had received additional medical treatment on his/her hand before the Defendant’s assault occurred on May 13, 2010, since it was not confirmed that he/she had received additional medical treatment on his/her hand until the Defendant’s assault occurred.