2014 Ghana 33491 Action

1. ① ①

2. 2. ②

3.3(3)(3)

[Defendant-Appellee] Dongcheon-si, Dongcheon-si

[Plaintiff-Appellant] Plaintiff Law Firm

Attorney Lee In-bok

A person shall be appointed.

Busan Geum-gu

Law Firm Doz.

Attorney Lee In-bok

May 24, 2017

July 12, 2017

1. The defendant shall pay to the plaintiff (1) ① 4, 120, 352 won, plaintiff ② ②, ③ 1,000 won, and each of them shall be 5% per annum from May 1, 2013 to July 12, 2017, and 15% per annum from the next day to the day of complete payment.

2. Each of the plaintiffs' remaining claims is dismissed.

3. One-half of the costs of lawsuit are assessed against the plaintiffs, and the remainder are assessed against the defendants.

4. Paragraph 1 can be provisionally executed.

The defendant pays to plaintiff (1) KRW 3,00,000,000 to plaintiff (2), KRW 5,000,000 to plaintiff (3), KRW 5 million to plaintiff (3), and each of them shall be paid 5% per annum from May 1, 2013 to the service date of a copy of the complaint of this case, and 20% per annum from the next day to the day of complete payment.

1. Facts of recognition;

A. Plaintiff ① (i) entered the Army on October 22, 2012, and served as a transportation support soldier at the Korea Army Transport Headquarters 3 Railroad Transport Support Center 3 Railroad Headquarters 2/13 from December 31, 2012 to May 13, 2013, and thereafter served as a transportation support soldier from Suwon TMO, and was discharged from military service on July 21, 2014. Defendant (i) was appointed at the time when Plaintiff 1 works for the former TMO.

B. From January 12, 2013 to May 1, 201 of the same year, the Defendant: (a) committed assault, intimidation, attack, and cruel acts; and (b) as a result of assault, the Defendant was sentenced to imprisonment for 6 months with labor at the Busan District Court (No. 2013No. Gao) on April 23, 2014 and suspended the execution of 2 years thereafter, and the said judgment became final and conclusive as is, around that time.

C. Plaintiff (1) ① was suffering from post-related stress disorder due to the instant assault, etc., and received outpatients from around May 2013 to October 2015 from the above hospital under the name of the sick. At present, the medical treatment was suspended due to some of the above symptoms.

D. Plaintiff 1 ① was enrolled in the first year of a university, and the Plaintiff 1 continued to leave the military school on June 5, 2017 after discharge from the military.

E. Plaintiff ② is Plaintiff ②’s father ①, and Plaintiff ③ is Plaintiff ②’s mother.

F. Meanwhile, on April 18, 2014, the Defendant deposited KRW 10 million for damage compensation due to the instant assault, etc. with the Busan District Court’s gold control (i.e., Plaintiff ① as a person who was deposited with the principal, and deposited KRW 10 million.

[Ground of recognition] The non-contentious facts, Gap evidence Nos. 1 through 5 (including the number of branches), Eul evidence Nos. 1-15, the result of the commission of physical appraisal to the head of the original generation school of this court, the purport of the whole pleadings

2. Occurrence of liability for damages;

(a) Recognition of liability;

According to the above facts of recognition, since the defendant committed the assault, etc. against the plaintiff 1 ①, the defendant is obligated to compensate for the damage suffered by the plaintiff 1 ① due to the assault, etc. of this case and the plaintiffs' mental damage caused thereby.

B. Limitation on liability

Plaintiff (1) The Defendant’s liability is limited to 90% from the perspective of fair sharing of damages, taking into account Plaintiff (1)’s period during which Plaintiff (1) serves as the military unit, the Defendant’s assault, etc., even after having been assigned to the workplace as a source.

3. Scope of liability for damages

(a) Property damage;

In principle, the period of the calculation shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded. The calculation of the current value at the time of the accident of the amount of damages shall be based on the reduction rate of the intermediate interest at the rate of 5/12 per month.

(i) lost earnings;

○ Income: Plaintiff (i) was a university student at the time of the instant assault, etc., and thus, Plaintiff (i) was able to earn income from the graduation of Plaintiff (i) and (ii) but Plaintiff (i) retired from the university on June 5, 2017, and thus, Plaintiff (ii) retired from the university on June 5, 2017, which was after the date of his withdrawal from the university. As such, Plaintiff (i) was subject to the daily starting wage of ordinary person from June 5, 2017.

○ Labor Capacity Loss Rate: Application of 2 years after medical treatment as of the date of external stress symptoms, physical assessment (as of March 9, 2017), 16% [Attachment II of the Evaluation Table of Loss of Labor Capacity, VIM - B-2-a (vocational coefficient: 5) to daily workers inside the city, respectively].

With regard to ○○, Plaintiff (i) asserted that the labor disability rate is two parts of the Mabro Labor Capacity Loss Table, brain II - B-2 (a), and city outdoor daily workers, but 18% of the total pleadings can be recognized by taking into account the results of physical appraisal with respect to the original head of the school of the Republic of Korea in this Court, the following circumstances, namely, ① Plaintiff (i) did not have any special symptoms in the brain wave test conducted on February 8, 2017; ② objective recognition function in the clinical examination conducted on February 10, 2017 shows symptoms to an average level; ② Plaintiff (ii) Plaintiff (i) had no mental or physical disability rate of KRW 1 (ii) with respect to the above daily worker’s physical disability; ② Plaintiff (iii) with the mental or physical disability rate of KRW 217, and ② with respect to Plaintiff (V) with the mental or physical disability of KRW 217.

○ Calculation

A person shall be appointed.

2) Future medical expenses: 2,706,580 won (the physical examination of the Director General of the National University of the Republic of Korea, the Director General of the National University of the Republic of Korea;

Results of commission)

3) Property losses after limitation of liability.

9, 120, 352 won ( = (actual income 7, 427, 145 won + future medical expenses 2, 706, 580 won) x 0.9)

(b) Consolation money;

Plaintiff ① In full view of the circumstances indicated in the records, such as the gender and age of Plaintiff ②, military service period, and the occurrence and continuous duration of the instant assault, etc., Plaintiff ② determined consolation money for Plaintiff ② ② KRW 5,000,00, Plaintiff ② ②, and ③ ③ KRW 1,00,000, respectively.

(c) Deductions for profit and loss;

Defendant’s deposit 10,00,000 won

(d) Sub-committee;

Therefore, the Defendant’s damages due to the instant assault, etc.: (a) Plaintiff (i) KRW 4,120,352 ( = Property damage 9,120,352 + KRW 5,00,000 + KRW 10,000; (b) Plaintiff ② ② ② ② ②, ③ ③ KRW 1,00,000, and each of them was committed after the instant assault, etc. was sought by the Plaintiffs as to the existence and scope of the Defendant’s obligation to perform from May 1, 2013 to July 12, 2017, respectively; and (c) as to the existence and scope of the Defendant’s obligation to perform the instant assault, etc. as requested by the Plaintiffs.

The obligation to pay damages for delay calculated at the rate of 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

4. Conclusion

Therefore, the plaintiffs' claims against the defendant are justified within the scope of the above recognition, and they are dismissed as the plaintiffs' remaining claims are without merit. It is so decided as per Disposition.

Judges already

Site of separate sheet

Criminal facts

1. Violation of the Punishment of Violences, etc. Act (Assaults, deadly weapons, etc.);

On March 27, 2013: at least 30, the Defendant assaulted the Plaintiff (i)’s daily living room in the Jeonju-si located in the Jeonju-si, about 20 times, about 20 times each floor of the Plaintiff (i) and about 20 times each mouth of the two rivers.

2. Magion;

A. On February 1, 2013: around 18: 43, the Defendant: (a) at the place of the foregoing paragraph (1) at around 43: (b), the Defendant refers to the deposit of one part of the daily food cost of KRW 15,00,00, which is paid to an individual for transportation support, into the one’s home plug card, of KRW 15,000,000; and (b) the Plaintiff (i) was allowed to make the Plaintiff (i) to pay for KRW 10,00,000, and was delivered to the Plaintiff (ii) to have the Plaintiff (i) pay for the said amount.

B. On March 22, 2013: around 30, the Defendant: (a) at the place of the foregoing paragraph (1) at around 17: (20, the Plaintiff (i) received from the Plaintiff (i) the amount of KRW 1,000 per unit (if the Plaintiff’s number of houses was increased or the amount was false; and (b) on April 14, 2013:0, at the place of the foregoing paragraph (1) at around 15:00, the Defendant received from the Plaintiff (i) the amount of KRW 30,000 as the Plaintiff had 30,00,000 as the Defendant had 30,000; and (c) the Plaintiff (i) the amount of 30,000 won per unit (i) the tin, i.e., the amount of 30,000 won.

3. Injury by assault;

A. On January 12, 2013: around 00, the Defendant assaulted 15 times against the Plaintiff (i.e., the Plaintiff (i., the Plaintiff) (i) in the place of the foregoing paragraph (1) at the time when the Defendant was committing a harsh act against the Plaintiff (ii) by deeming the Plaintiff (i.e., the Plaintiff) (i) to be unable to do so, and (ii) on the hand floor of the Plaintiff (i) the left knick.

B. The Defendant, on March 19, 2013: around 40, 2013: (a) on the ground that Plaintiff (i) did not pay daily food sales expenses at the former TMO office, the Defendant, as a combat thereafter, expanded approximately 30 times to Plaintiff (i)’s regular lecture part; (b)

C. On May 1, 2013, at around 20: 21: (a) the Defendant assaulted the Plaintiff (i) with the hand floor on the ground that the Plaintiff (i) erred in the work metal at the place under the foregoing paragraph (1) on about 30 occasions, and about 20 times the head of the Plaintiff (i) with about 30 times the knives of the Plaintiff (i) and the head of the drinking.

As a result, the defendant suffered injury, such as after-the-counter stress disorder, etc., which requires approximately six months of medical treatment to the plaintiff 1 ①.

4. Cruel acts;

On January 12, 2013: the Defendant 21:00, on the ground that at the place of the above paragraph (1), the Defendant was unable to make a work file and a scheduled execution event during working hours, and was eleled by extending to approximately one minute a size, and making kne kne over a kne for an insular period.

5. Intimidation.

A. On January 12, 2013: (1) around 00, the Defendant used the Plaintiff (i) to assault the Plaintiff (i) and (ii) at the place of the foregoing paragraph (1) to “if the father or the head of the support team makes the father or the head of the support team suffer any disadvantage due to his or her speech, he or she would not go back to his or her so far as he or she would have got the father or the head of the support team suffer any disadvantage, and then

B. On March 19, 2013, the Defendant, at around 40, up to 18:40, abused Plaintiff (i) and (ii) made intimidation at the former TMO office as described in the foregoing paragraph (a).

C. On March 27, 2013: around 30, at the above paragraph (b) office, the Defendant made intimidation to Plaintiff (i) and (ii) in the same manner as the above paragraph (a) while assaulting Plaintiff (i) and (ii). The end is.