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1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.
Reasons
1. In full view of the purport of the argument as to the statement No. 1 of the Plaintiff’s claim for damages, the Defendant is liable for compensating the Plaintiff for the damages incurred by the above injury, on May 3, 2012, since the Defendant: (a) placed the Plaintiff’s knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee knee that requires approximately two weeks treatment; and (b) placed the Plaintiff a long-term g
2. In this case, the Plaintiff merely sought consolation money of KRW 3.1 million. Thus, in light of the empirical rule clear that the Plaintiff suffered emotional distress due to the Defendant’s bodily injury, and the degree and circumstance of assault and injury, and the Plaintiff’s waiver of the claim for medical expenses and sought only the payment of consolation money, it is reasonable to deem the consolation money amount as one million won.
3. According to the conclusion, the Defendant is obligated to pay to the Plaintiff damages for delay calculated by the ratio of 5% per annum under the Civil Act from May 3, 2012, 201 to November 14, 2014, which is the date when the Defendant rendered a judgment of the competent court, to the date when the judgment of the competent court is rendered, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date when the obligation is fully paid.
Therefore, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed for lack of merit. Since the part against the defendant who ordered payment in excess of the above recognized amount among the judgment of the court of first instance is unfair, the defendant's appeal is partially accepted, and the plaintiff's claim corresponding to the revoked part is revoked, and the defendant's remaining appeal is dismissed. It is so decided as per Disposition.