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(영문) 서울동부지방법원 2018.08.24 2017가단8181
손해배상(기)
Text

1. The Defendant: (a) KRW 2,500,000 for each of the Plaintiff A and the Plaintiff B and C respectively; and (b) from March 5, 2016 for each of them.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) The Plaintiff and the Defendant are inter-gu relationship, and the parents of the Plaintiff B and C are parents of the Plaintiff. 2) The Defendant, around 02:0 on March 5, 2016, went through a debate and physical fighting as a matter of women’s friendliness between the Plaintiff and the Plaintiff, while walking on the left side of the Plaintiff and walking on the left side of the Plaintiff, had the Plaintiff real name of the left side of the Plaintiff A.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

B. The defendant is liable for damages sustained by the plaintiffs as a tort since the defendant injured the plaintiff Gap and real name of the left eye. Thus, the defendant is liable for damages sustained by the plaintiffs as a tort.

C. In full view of the respective descriptions of the evidence Nos. 4 through 9 and the purport of the entire pleadings, the instant accident occurred during the time and body fighting between the Plaintiff and the Defendant, and thus, the Plaintiff started the assault first and caused the Defendant’s assault. Therefore, the Defendant’s liability is limited to 80% of the damages suffered by the Plaintiff, taking into account the various circumstances indicated in the pleadings, such as the Plaintiff’s mistake and the developments leading up to the instant accident.

2. The following facts are not in dispute between the parties concerned, or may be acknowledged by comprehensively considering the evidence as mentioned above, the results of physical examination commissioned by the President of the Korea National University within the Ansan Hospital, the results of fact-finding inquiry, and the purport of all the arguments as a whole.

(A) In addition to the following separate statements, the period for calculating the amount of damages shall be as specified in the corresponding item of the attached Table of the calculation of damages: Provided, That the period for calculating the amount of damages shall be discarded, and the current price shall be calculated at the time of the accident by deducting the interim interest at the rate of 5/12 per annum per month).

Personal information on lost income (Plaintiff A) 1: The same shall apply to the entry in the column of basic matters in the attached sheet of calculation of damages: 2) occupation, income, and operating time limit: at least until the end of operation ( August 17, 2053, 60 years old).

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