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(영문) 서울서부지방법원 2019.08.30 2019나207
손해배상(기)
Text

1. All appeals filed by the Plaintiff (Counterclaim Defendant) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Basic facts

A. On August 2, 2018, the Plaintiff: (a) transferred the Plaintiff’s return dog “C” (contest : hereinafter “the instant return dog”) to the “E” veterinary hospital located in Eunpyeong-gu Seoul Metropolitan Government D (hereinafter “the instant veterinary hospital”); and (b) received internal medicine and injection from the Defendant, a veterinarian working with the instant veterinary hospital.

B. On August 4, 2018, the Plaintiff found the Defendant to the instant veterinary hospital and demanded the hospitalization of the instant return dog on the ground that “C had not been discussed until now, and then discussed before and after the front of the mold.” However, there is a defect that the Defendant is capable of being hospitalized in the additional medical examination.

As stated in the facts constituting the crime of this paragraph, the Defendant had expressed his desire to do so, and the veterinary hospital of this case was unable to resist.

C. On February 11, 2019, the Plaintiff was sentenced to a fine of KRW 1,500,000 for criminal facts as stated below (Seoul Western District Court 2019DaMa28), and the Plaintiff appealed and continues the appeal court (Seoul Western District Court 2019No216).

(hereinafter referred to as “related criminal case”). Criminal facts

1. 모욕 피고인은 2018. 8. 4. 17:50경 서울 은평구 D에 있는 E 동물병원에서, 피고인의 반려견이 구토 등의 증세를 보여 입원을 요구하였으나 수의사인 피해자 B가 입원에 앞서 추가검진을 해야 입원이 가능하다고 했다는 이유로 화가 나 내원한 반려견의 보호자 3명과 병원 직원들이 있는 가운데 ‘돌팔이 새끼, 니가 이렇게 만들어 놨잖아’, ‘능력이 없으면 가운을 벗어’, ‘돈 받아 처먹으려고 검사하려고 해’, ‘병신아’, ‘미친놈아’, ‘개새끼’, ‘돌팔이’ 등으로 큰소리로 말하여 공연히 피해자를 모욕하였다.

2. The Defendant interfering with his/her duties shall take such measures as taking a large sound, as stated in paragraph (1), at the time and place of the same paragraph.

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