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(영문) 부산지방법원 2015.01.29 2014가합2122

손해배상(기)

Text

1. The Defendant’s KRW 85,903,972 as well as the Plaintiff’s annual rate of 5% from June 30, 2012 to January 29, 2015.

Reasons

1. Basic facts

A. On June 30, 2012, the Defendant entered the toilet to view a work in a singing toilet located in Kimhae-si, Kim Jong-si, but the Plaintiff, if in the toilet, would waiting for the Defendant, and would be waiting for the Defendant, and the Defendant, “I am the victim’s lap why she would fri,” and “I am the victim’s lap,” and the Defendant, as a matter of drinking, sustained the victim’s injury, such as an internal flap, which requires approximately eight weeks of treatment, by taking about 3-4 times the face part of the victim’s face.

(hereinafter “instant accident”). (b)

On April 9, 2013, the defendant was sentenced to a suspended sentence of two years at the Changwon District Court for the above criminal facts (No. 2012 Godan2967) and the judgment became final and conclusive.

[Evidence] Facts without dispute, Gap evidence Nos. 2 and 3 (including branch numbers, if any; hereinafter the same shall apply), Gap evidence Nos. 7 and 8, and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above facts finding that the damages occurred, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the accident of this case.

B. The limitation of liability: (a) the instant accident was caused by the Plaintiff’s interference with the Defendant’s entrance to singing toilets; (b) the Plaintiff caused the instant accident; and (c) at the time of the instant accident, the Plaintiff also committed the Plaintiff’s act of assault, such as the Defendant’s fating and pushing ahead with fat, etc., on a comprehensive basis, limited the Defendant’s liability

3. Scope of liability for damages

A. Personal data 1) facts of recognition and evaluation 1) : male, D students, and 37 years old and 4 months old and 17 years old at the time of the instant accident: (c) occupation and income status of the Plaintiff was working for the Geum Chang Chang Ho Construction Co., Ltd. at the time of the instant accident; (d) annual income of 2011, which is the immediately preceding year of the date of the occurrence of the instant accident, was KRW 59,31,218, monthly average of KRW 4,942,601 (= KRW 59,311,218 ± KRW 12 and below KRW 12).