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1. The Defendant jointly with D, as to KRW 13,121,579, and as to the Plaintiff, the year from May 12, 2016 to June 28, 2018.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition 1) around 23:00 on May 12, 2016, on the street in front of “F” located in Yongcheon-si, Chungcheongnam-do, and the Defendant and D, the Plaintiff and the Plaintiff have spited the Plaintiff’s daily behaviors toward their own and frighted to take the city expenses, and they jointly d put the Plaintiff’s body into the floor by using the Plaintiff’s body fright and fright at one time with the Plaintiff’s hand and drinking, and the Defendant fright the Plaintiff’s face at one time by drinking. As a result, the Plaintiff suffered injury, such as two frights, which require eight-day medical treatment (hereinafter “instant accident”).
(2) From May 13, 2016 to May 31, 2016, the Plaintiff spent the total of KRW 7,849,538 as medical expenses for 19 days.
[Grounds for recognition] The descriptions of Gap evidence Nos. 3, 4, 6, 7, and 9, and the purport of the whole pleadings
B. According to the above facts of recognition, the defendant and D are liable for damages incurred by the plaintiff as joint tortfeasor.
2. Scope of liability for damages
A. The asserted Plaintiff seek reimbursement of KRW 7,650,00 for lost profit, consolation money, KRW 15,00,00 for the Defendant’s leave of absence for three months due to medical treatment costs of KRW 7,849,538, surgery, hospitalization, and outpatient treatment.
B. Determination 1) Medical expenses KRW 7,849,538 (Recognition 2): 1,272,041 (i.e., urban daily wage 94,38 won x 22 days x 19 days of hospitalization period x 19/31 days). The part of the claim for consolation money 3) It is insufficient to acknowledge that the Plaintiff had lost profit as alleged by the Plaintiff due to the instant accident: The consolation money amount is set at KRW 4,00,000, in consideration of the various circumstances revealed in the pleadings, including the background of the instant accident, degree of injury to the Plaintiff, Plaintiff’s age, and Defendant’s assault from the Plaintiff. Accordingly, according to the theory of the lawsuit, the Defendant, jointly with D, set the consolation money amount to KRW 13,121,579 won (=7,849,538 won, 1,272,41, 400 won, and 16.5% of the instant accident.