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(영문) 수원지방법원 2019.10.30 2018가합20494
손해배상(기)
Text

1. Among the plaintiff's lawsuit against the defendants, the part of the plaintiff's claim for physical examination costs of KRW 1,509,330 shall be dismissed.

2. The defendants are the defendants.

Reasons

1. Basic facts (applicable for recognition: Fact that there is no dispute, Gap evidence 24, Eul evidence 7, the purport of the whole pleadings);

가. 피고들은 2014. 1. 22. 이천시 D에 있는 ‘E’에서 원고와 말다툼을 하다가 화가 나, 피고 B은 원고의 얼굴 부위를 주먹으로 때리고, 정강이 부위를 수회 걷어차고, 피고 C는 이에 가세하여 원고의 머리채를 잡아 흔들고 원고의 허벅지 부위를 발로 찼다(이하 ‘이 사건 폭행’이라 한다). 이로 인하여 원고는 우측비복근의 파열, 우측 하지의 구획증후군 등의 상해를 입었다.

B. The Defendants were indicted of violating the Punishment of Violences, etc. Act (joint injury) due to the instant assault, and on June 2, 2017, at Suwon District Court sentenced Defendant B to imprisonment for six months, Defendant C was sentenced to a suspended sentence of two years, Defendant C was sentenced to a fine of five million won, and the said judgment became final and conclusive following the appellate court’s judgment.

2. The assertion and judgment

A. According to the above acknowledged facts, the Defendants jointly have the duty to compensate the Plaintiff for the damages incurred by the assault of this case.

The Defendants asserted that the above claim for damages had already expired, and therefore, according to the facts acknowledged earlier, the Plaintiff was aware of the damage and the perpetrator on January 22, 2014, which was the day when the assault of this case occurred, and it is evident that the Plaintiff filed the instant lawsuit on October 23, 2017, which was three years after the date when the assault of this case occurred.

However, if Defendant B paid medical expenses incurred from the instant assault to April 30, 2015, and Defendant C paid them to each of the respective Plaintiff by May 10, 2015, in light of the overall purport of the pleadings in the statement in evidence No. 23, the extinctive prescription was interrupted by recognizing the liability for damages incurred from the instant assault.

Therefore, the defendants' defense is without merit.

(b) The calculation of the scope of liability for damages shall be made on a monthly basis.

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