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(영문) 대구지방법원 2020.10.14 2020나300914
손해배상(기)
Text

Among the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Basic facts

A. At around 21:00 on December 29, 2016, the Defendant inflicted injury on both sides, the right side part, the left side part, and the left side part of the Plaintiff’s face, etc. on the ground that the Plaintiff participated in the Plaintiff’s check of the dispute with E, a workplace club located in Daegu-gu Dongdong-gu, Daegu-gu, Daegu-gu, about the Plaintiff’s head debt.

B. On September 22, 2017, the Defendant received a summary order of KRW 1 million by the Daegu District Court Decision 2017 High Court Decision 2017 High Court Decision 12906 regarding the injury caused by the instant assault, and the said summary order was finalized on October 11, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2 (if available, including branch numbers; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the occurrence of damages liability, the Defendant is liable to compensate the Plaintiff for the damages incurred by the assault of this case.

B. According to the scope of liability for damages and limitation 1), the plaintiff suffered from injury due to the defendant's assault and paid 3,733,190 won for the medical expenses (i.e., F Hospital 3,518,290 G Hospital 171,100 won (i.e., KRW 35,700), i., KRW 35,53,390 for the medical expenses disbursed by the plaintiff at F Hospital and H Medical Center 3,518,290 won (i.e., KRW 3,518,290), and KRW 35,100 for the plaintiff's 3,518,290 won for the treatment expenses incurred due to the defendant's assault, and this part of the relation between the victim and the victim's injury should be excluded from the treatment expenses incurred due to the defendant's assault. Accordingly, the defendant's assertion that the causal relation between the victim's injury and the victim's injury should be actively asserted.

(b).

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