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

Purport of claim and appeal

1...

On April 29, 2014, at around 19:09, the Defendant, at the front of the Plaintiff’s Bang, in Seo-gu, Seo-gu, Daejeon, Daejeon. Around 19:09, the Defendant attended the Defendant’s market clothes opening ceremony and, while drinking alcohol together with the Defendant, brought about a danger to the two-way and the vehicle traveling along the Defendant, by holding D’s Obath on the front of the bar where the Defendant was under the influence of alcohol while drinking together with the Defendant.

이에 원고가 사람들이 다치지 않도록 이를 빗자루로 쓸어 치우자 피고가 술에 취하여 다가와 원고에게 “니가 이 시장에서 짱이냐”라고 시비를 하면서 원고의 빗자루를 빼앗아 원고의 무릎을 1회 때렸고, D이 합세하여 원고의 뒤통수를 손바닥으로 1회 때리는 등 원고를 번갈아 가며 수회 때리고 바닥에 주저앉히는 등 공동으로 폭행하여 원고에게 3주간의 치료가 필요한 상해를 가하였다

(hereinafter “instant violence”). The Defendant and D were indicted for violating the Punishment of Violences, etc. Act (joint injury) due to the instant assault, and sentenced to a judgment that sentenced to a fine of KRW 1,500,000 on November 27, 2014 ( Daejeon District Court 2014Ma1555), and the said judgment became final and conclusive on December 5, 2014.

The Plaintiff spent KRW 120,110 as medical expenses in order to treat the injury suffered by the instant violence.

[Ground of recognition] In light of the above-mentioned facts without dispute, Gap evidence 1, Gap evidence 2, Gap evidence 3, and the above-mentioned facts, the defendant is liable to compensate the plaintiff for damages caused jointly with Eul as a joint tortfeasor who injured the plaintiff.

As to the judgment on the argument of offsetting negligence, the defendant also suffered from violence from the plaintiff, and thus the plaintiff's negligence should be considered. However, the evidence submitted by the defendant alone is that the plaintiff assaults the defendant.