1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On July 12, 2015, the Defendant: (a) around 12:10 on July 12, 2015, at the Diplomatic Association located in the Gangnam-gu Seoul Gangnam-gu Seoul Underground 1st, brought an injury on the two sides, such as the two sides, which require approximately 10 days of medical treatment to the Plaintiff (hereinafter “the instant injury”).

B. The Defendant on December 6, 2016

was convicted of a fine not exceeding one million won due to the facts constituting the crime, etc.

(Seoul Central District Court 2016No. 31) [Grounds for Recognition], Gap evidence No. 1, Eul evidence No. 1, which is obvious to this court, and the purport of the whole pleadings.

2. Occurrence and scope of liability for damages;

A. According to the above facts finding that the defendant is liable to compensate the plaintiff for damages suffered by the plaintiff as a tortfeasor who inflicted the injury in this case, and it is reasonable in light of the empirical rule to deem that the plaintiff suffered mental suffering due to the defendant's assault, and therefore the defendant is liable to pay consolation money as compensation for mental damage to the plaintiff.

B. The amount of consolation money shall be determined as KRW 300,000 in consideration of all the circumstances shown in the pleadings of the instant case, such as the developments leading up to the instant injury, the parts and degree of injury, the present status, and the relationship between the Plaintiff and the Defendant.

C. Therefore, according to the theory of litigation, the Defendant is obligated to pay to the Plaintiff damages for delay at each rate of 5% per annum as stipulated in the Civil Act from January 19, 2016 to November 9, 2016, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff as a result of the illegal act, to the Plaintiff, for the damages for delay at each rate of 15% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, from the next day to the date of full payment.

3. In conclusion, the plaintiff's claim is justified within the scope of the above recognition, and the remainder is without merit.