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(영문) 대전지방법원 2016.02.04 2014가단2942
손해배상(기)
Text

1. The Defendant’s KRW 24,647,227 as well as 5% per annum from April 13, 2013 to February 4, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 10:40 on April 13, 2013, the Defendant: (a) inflicted an injury on the Plaintiff, i.e., the right-side 3, on the ground that the Plaintiff, “I will not am to B”; and (b) assaulted the Plaintiff’s left arms on two occasions by drinking, and (c) walking the Plaintiff’s her brance that is going beyond, twice, on the ground of the Plaintiff’s frating of the Defendant’s mother.

(hereinafter “instant harmful act”). B.

The plaintiff assaulted the defendant on the same date, at the same place, in a manner that both of the defendant's winters were foomed and shakeed.

C. The plaintiff was above B.

A disposition of suspension of indictment was taken on the ground that the Defendant assaulted the Defendant as stated in the foregoing paragraph, and the Defendant was issued a summary order of KRW 2,500,000 from the Daejeon District Court on June 18, 2013, and the summary order became final and conclusive.

[Ground of recognition] Class A 1, Class 2, Class A 7 (including paper numbers), and the purport of the whole pleadings

2. Occurrence of and limitation on liability for damages;

A. According to the above fact of recognition of damages liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case.

B. Comprehensively taking account of the circumstances leading up to the instant harmful act that limits liability, the circumstances before and after the accident, and the Plaintiff’s suspension of indictment in relation to the instant case, the Defendant also appears to have been partly responsible for the occurrence of the instant harmful act and the expansion of damage. Therefore, the Defendant’s liability is limited to 90%

3. Scope of damages.

A. The Plaintiff’s assertion asserts that the Plaintiff suffered damages equivalent to KRW 16,774,074, medical expenses, KRW 8,651,870, KRW 20,000, and KRW 45,425,944 (= KRW 16,774,074, KRW 8,651,870,000) due to the instant harmful act.

(b) 1) No. 3 of lost earnings A (including paper numbers, entry of Gap evidence No. 8, and the result of the commission of physical examination to the Director of the Reduced University Hospital of this Court;

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