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(영문) 의정부지방법원 2014.12.18 2013나14928
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 17, 2012, around 15:30 on June 17, 2012, the Defendant: (a) filed a dispute with the Plaintiff at the depository in the Jung-si apartment complex; (b) sought the Plaintiff’s head debt; and (c) caused the Plaintiff’s loss to his/her own, and (d) caused the Defendant’s snow to his/her right side.

The plaintiff and the defendant put their head bonds with each other while fighting. Accordingly, the plaintiff suffered the injury of the human spons, etc. on the left side side side side in need of treatment for about six weeks, and the defendant suffered the injury of the human sponse, etc. on the right side side in need of treatment for about two weeks.

B. As to each of the above assault acts, the Plaintiff was sentenced to a fine of KRW 1,00,000 as the District Court Decision 2012Ra2862 Decided February 14, 2013, and the Defendant was sentenced to a fine of KRW 3,00,000, and the judgment against the Plaintiff became final and conclusive. The Defendant appealed as the District Court Decision 2013No584, Apr. 30, 2014, but the Defendant appealed as the District Court Decision 2013No584, but was dismissed on April 30, 2014. Although the Defendant appealed as the Supreme Court Decision 2014Do6109, the Defendant was again dismissed on October 15, 2014, the judgment became final

[Ground of recognition] The facts without dispute, Gap evidence Nos. 1, 2, Eul evidence Nos. 1, 2, and 1 and 2, the fact inquiry results of the first instance court's sexual bed hospitals, the purport of the whole pleadings

2. According to the facts of the recognition of the above liability for damages, the defendant can be found to have inflicted an injury upon the plaintiff by assaulting the plaintiff. Thus, the defendant is liable to compensate the plaintiff for damages caused by the above tort.

3. Scope of liability for damages

A. According to the statements in Gap evidence Nos. 4-1 to 23, 1,525,970 won.

B. The following circumstances, which are acknowledged by the above evidence and the purport of the whole statement and pleading of evidence Nos. 4-1 to 30, namely, the Plaintiff and the Defendant, as a member of the apartment complex, did not have to reach an agreement with ordinary people due to the issue of whether the Plaintiff paid the Plaintiff’s membership fees, etc. as a member of the apartment complex, and the said issue at the time of the instant case.

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