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(영문) 인천지방법원 2018.01.17 2017가단224059
구상금
Text

1. The Defendant: 44,541,560 won to the Plaintiff and 5% per annum from February 14, 2017 to June 20, 2017.

Reasons

1. On May 7, 2015, the Defendant: (a) around 01:30, around “C” under Article 227 of the Nam-gu Incheon Metropolitan City building B, and (b) on the ground that the Defendant d (59 years of age) expressed a breath to the Defendant’s wife, the Defendant d (59 years of age) “Is the breath at the latest and late night,” and she expressed a breath to the Defendant’s wife, following the victim’s appearance, her face, face, head, and head of the victim continued to go beyond the floor 4:5 times, and walked with approximately 4:5 parts of the victim’s face and head, and her walked to the victim, resulting in a cerebral injury caused by a breathal surgery due to nephy and cerebral surgery, etc. involving a breathy disorder.

Accordingly, the defendant injured the victim and caused the injury to the victim by the injury.

The defendant was prosecuted by the Incheon District Court 2015 Gohap443 for the following criminal facts and was sentenced to imprisonment for one year and six months, and the sentence became final and conclusive after the appellate court.

B. The Incheon District Prosecutors’ Office Deliberation Committee decided to pay KRW 44,541,560 after deducting KRW 25,00,000 that the Defendant paid to D during criminal trials from KRW 69,541,560, which reduced the amount of 10% of the amount of the disability relief fund calculated pursuant to the provisions of the Crime Victim Protection Act by 77,268,40,40, and paid the said amount to D on February 13, 2017.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1-11, the purport of the whole pleadings

2. The defendant, as a tortfeasor, is liable to compensate D for all damages arising from the above criminal act, and the plaintiff, who has paid the victim's bereaved family members the disability relief fund pursuant to the provisions of the Crime Victim Aid Act, may subrogate the beneficiary's right to claim compensation for damages to the perpetrator within the scope

Considering the victim’s age, degree of injury, maximum working age, rate of loss of labor capacity, medical expenses, nursing expenses, consolation money, etc., the amount of damages that the Defendant is liable to compensate to D shall exceed the above disability relief fund.

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