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(영문) 부산지방법원 2016.04.29 2015가단8410
손해배상(기)
Text

1. Of the instant lawsuit, the part of the claim for medical expenses of KRW 800,292 and KRW 1,000,000 shall be dismissed.

2. The plaintiff's defendant.

Reasons

1. Basic facts

A. The Defendant inflicted an injury on the left-hand side of the water unit, the multiple dives, etc. requiring a treatment for approximately three weeks on September 18, 2012 by pushing the Plaintiff with both hands and cutting the Plaintiff over the floor.

The facts charged and the facts charged that “the Plaintiff was satisfing at the Plaintiff’s face on October 5, 2012, and assaulted the Plaintiff,” respectively, respectively, and was sentenced to a fine of KRW 300,000 for the assault case No. 25063 of the Busan District Court Decision 2012 High Court Decision 200,000 and a fine of KRW 1,00,00 for the assault case No. 2018635 of the Busan District Court Decision 2013 High Court

(hereinafter “instant tort”). (b)

The Plaintiff filed a lawsuit against the Defendant seeking payment of KRW 2,00,000,000,000 for lost profit incurred by the Plaintiff on the ground of the instant tort, KRW 246,462 (C hospital 65,862, KRW 172,00,00 for hospital affiliated with the East Asia University, KRW 8,600 for D) and KRW 3 million for consolation money (a counterclaim among Busan District Court 2013Dada1747, 2013dada102930 (Counterclaim))).

The above court rendered a judgment in favor of the plaintiff that "the defendant shall pay the treatment cost of KRW 246,462, consolation money of KRW 1,000,000, and damages for delay to the defendant as compensation for damages incurred by the tort of this case."

C. The Plaintiff appealed against the above judgment of the court of first instance [Sasan District Court 2014Na847 (Main District Court 2014Na847 (Counterclaim), 2014Na854 (Counterclaim)]. During the appellate trial, the Plaintiff filed an application for extension of the purport of the claim seeking “payment of KRW 1,320,00,00,000,000,000,000,000 won, which is the sum of KRW 5,246,462, and the daily profit of KRW 200,000,000,000, which is the sum of KRW 5,246,462, and the daily profit of KRW 2,000,00,000,000,000,000,000 won, which is the aggregate of KRW 1,200,00

On July 17, 2014, the appellate court dismissed the Plaintiff’s appeal by recognizing only medical expenses of KRW 246,462 and solatium of KRW 1,00,000, and the said judgment became final and conclusive around that time.

(hereinafter “former Litigation”).

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