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(영문) 춘천지방법원원주지원 2019.03.28 2017가단30988
손해배상(기)
Text

1. The Defendants shall jointly and severally serve as KRW 97,005,100 on the Plaintiff and as a result, from November 6, 2015 to March 28, 2019.

Reasons

1. Occurrence of liability for damages;

A. On November 6, 2015, the Defendants, around 02:45, 2015, met with the Plaintiff and Nonparty F (the age of 27) prior to the “EMel” located in Kuju-si, and C took a look at the Plaintiff’s face due to drinking and elbbow, and Defendant C, who was next to the Plaintiff, took a part in the Plaintiff’s left eye due to the Plaintiff’s appearance. As such, the Defendants jointly got together with the Plaintiff, thereby causing injury (hereinafter “the instant injury”).

3) In criminal cases involving the instant injury, such as violation of the Punishment of Violences, etc. Act (Joint Injury) No. 2016Kahap10, Defendant B was sentenced to imprisonment with prison labor for one year and six months, Defendant C was sentenced to imprisonment for eight months, and the above judgment became final and conclusive thereafter, respectively. 4) On the other hand, in relation to the instant injury, the Plaintiff deposited KRW 30,000,000, and Defendant C deposited KRW 3,000,000, respectively, and the Plaintiff received all of them.

[Ground of recognition] Facts without dispute, entry of Gap 1 to 3 evidence, purport of the whole pleadings

B. According to each of the above facts found, the defendants jointly assaulted the plaintiff, and thereby, the plaintiff's left eye that goes beyond the floor was inflicted on the defendant B by walking the plaintiff's left eye. The plaintiff suffered the injury of this case.

Therefore, the defendants are jointly and severally liable to compensate the plaintiff for the damages incurred by the plaintiff due to the injury of this case as joint tortfeasor of intention.

C. The limitation of liability 1: (a) the following facts and circumstances by Gap evidence No. 1 are as follows; (b) the plaintiff, along with the non-party F, has partly induced the defendants' assaults attached to Si expenses on the road with the defendants; (c) the injury in this case is not caused by the unilateral harmful act of the defendants, but caused by both violences; and (d) the plaintiff is also in combination with F and the face of defendant B.

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