1. All appeals filed by the plaintiff and the defendant are dismissed.

2. Of the appeal costs, the part relating to the Plaintiff’s appeal is the Plaintiff.

1. Facts of recognition;

A. At around 07:00 on January 15, 2018, the Defendant: (a) while driving a vehicle on the road located in Seojin-gu, Seoul Metropolitan City 26, Seojin-gu, Seoul Special Metropolitan City on the road; (b) caused the Plaintiff’s flabing of flab on the crosswalk, and caused the Plaintiff’s flabing of flab, and caused the Plaintiff’s flabing of flab in the vehicle, and caused the Plaintiff’s flabing of flab, once on the face; and (c) caused the Plaintiff’s flabing of flab for about 44 days,

(hereinafter “instant assault”) b.

The Defendant was prosecuted as the facts charged of the instant assault and appealed by having been sentenced to a fine of KRW 5 million at the Jeonju District Court on November 30, 2018, which was sentenced to a fine of KRW 2018Kadan1205, but was sentenced to dismissal on April 3, 2019, and the said judgment became final and conclusive.

C. On September 17, 2018, the committee for deliberation on economic support for the crime victims of the previous place of inspection decided to pay KRW 5,171,073 of the medical expenses incurred from the instant assault to the Plaintiff, and on October 11, 2018, the said committee paid to the Plaintiff.

【Ground for recognition】 The fact that there has been no dispute, Gap No. 21 (including a paper number; hereinafter the same shall apply), Eul No. 7 and 8, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff spent KRW 5,68,871 as medical expenses due to the Defendant’s assault of this case, and suffered damages from the lost income of KRW 2,496,51. Since the Plaintiff suffered from mental distress equivalent to KRW 10 million, the Defendant is obligated to pay the Plaintiff damages for damages resulting from the Defendant’s assault of this case, 12,94,349, which deducts KRW 5,171,073 from the medical expenses paid by the Seoul High Court Deliberation Committee for Economic Support for Crime Victims from the tort (i.e., KRW 5,68,871, KRW 2,496,51 KRW 10,00,000 - KRW 5,171,000,000, KRW 5,171,073) and damages for delay.

B. The Defendant’s assault was caused by the wind of the Plaintiff’s attacking the Defendant first, and the Defendant also caused the Plaintiff’s negligence, such as the loss of lost income and mental damage caused by the Plaintiff’s assault.