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(영문) 울산지방법원 2016.06.01 2015나4122
손해배상(기) 등
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. Basic facts

A. On August 8, 2013, around 00:005, the Plaintiff and the Defendant attached parking expenses at the front parking lot of Ulsannam-gu C apartment, Ulsan-gu, Seoul-gu, as a parking problem, and the Plaintiff reported to the police, the Defendant driven his own vehicle and left the scene.

B. In order to stop this, the Plaintiff got ped at the Defendant’s presentnet, and the Defendant, even though the Plaintiff was moored on the said vehicle, driven the said vehicle at a 40 km/h speed of 40 km between two minutes.

C. On February 17, 2014, the Defendant was prosecuted for the crime of assault and received a summary order of KRW 700,000 as the Ulsan District Court Decision 201Da13810 on February 17, 2014, and the said summary order became final and conclusive as it is.

[Ground of recognition] Facts without dispute, entry of Gap evidence 4 and 7, significant facts in this court, purport of the whole pleadings

2. Determination on the cause of the claim

A. The main point of the Plaintiff’s assertion is that the Defendant is liable to pay the Plaintiff damages for medical expenses of KRW 1,232,310, and consolation money for mental damage of KRW 5,000,000, in total, KRW 6,232,310, and delay damages.

B. According to the facts acknowledged earlier, the Defendant is liable for compensating the Plaintiff for the damages caused by the instant assault. According to the records in Gap evidence Nos. 1, 2, 3, 5, and 6 (including each serial number in the case of a serial number), the Plaintiff’s payment of KRW 1,232,310 for medical expenses due to the instant assault by the Defendant (i.e., hospital 1,195,610 E Council members KRW 36,700 for the instant assault.

The defendant asserts that there is no causal relationship between the assault of this case and the defendant's mental treatment. However, according to the aforementioned evidence, it is acknowledged in light of the empirical rule that the defendant's road traveling 40 km/h on the vehicle at a speed of 40 km and that the plaintiff who is a female has suffered considerable mental suffering, and it is very serious due to the plaintiff's instant case.

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