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(영문) 광주지방법원 순천지원 2021.01.19 2019가단79975 (1)
손해배상(기)
Text

The defendant is 5% per annum from July 14, 2019 to January 19, 2021 to the plaintiff and the following.

Reasons

1. Comprehensively taking account of the overall purport of written statements and changes in evidence Nos. 1 through 3 (including numbers) of the Plaintiff’s liability for damages, the Defendant assaulted the Plaintiff on July 14, 2019 on the part of the Plaintiff, such as her her knives with her knife at the floor, and her knife at once on the left-hand side with his knife on the left-hand side, and inflicted bodily injury on the Plaintiff, which requires treatment for about 42 days, and the Defendant was charged with summary charge due to the above injury, and the Defendant was currently serving a criminal trial in the instant court as of the date of the court’s submission of the trial.

Therefore, the defendant is liable for damages sustained by the plaintiff due to the above tort.

However, the Defendant’s liability is limited to 85% of the Defendant’s liability by comprehensively taking into account the following factors: (a) before and after the instant case, the facts charged are premised on the Defendant’s facts charged; (b) the developments leading up to the specification of the facts charged; and (c) the circumstances recognized in accordance with each criminal record at the time of the instant case, including the statement of the persons at the scene at the time of the instant case (see Supreme Court Decision 66Da181, Nov.

A. The Plaintiff asserts the total loss of KRW 5,267,934 ( KRW 125,427 per day of urban daily wage x 42 days) applying the daily wage on the premise that the rate of loss of labor capacity was 100% for 42 days in total, which was assaulted by the Defendant from July 14, 2019 to the Defendant.

However, there is no evidence to acknowledge that the Plaintiff’s loss of labor ability during the entire treatment period is 100%, and thus, the parties are only aware of the loss of labor ability for 6 days during the hospitalization and outpatient treatment period without dispute.

The plaintiff's loss calculated accordingly is 551,878 won per day (125,427 won per day of urban daily wage x 22 days x 6 days ± 30 days, and hereinafter the same shall apply).

B. The Plaintiff spent KRW 2,752,980 in total in the course of surgery, hospitalization, and outpatient treatment for the treatment of the injury caused by the instant case, which is said.

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