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(영문) 대구지방법원 2017.09.07 2016나312538
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. In the first instance trial, the Plaintiff claimed 4,00,000 won, respectively, for positive damages (medical expenses, expenses for the issuance of a medical certificate of injury, expenses for medicine expenses) incurred by the Defendant’s assault.

However, the court of the first instance ruled that active damages amounting to KRW 272,500, and damages for delay should be paid in total after deducting KRW 100,000,000 from the positive damages amount of KRW 2,172,50,000.

Accordingly, the plaintiff appealed only to the claim of consolation money, and appealed to pay 2,000,000 won additionally.

Therefore, the part of the plaintiff's active damages claim is within the scope of the trial of the party, and the scope of the trial of the party is limited to the claim of consolation money.

2. Basic facts

A. The Plaintiff had a relationship with the Defendant.

On June 28, 2015, at around 21:00, the Defendant: (a) stated that the Defendant’s 104 latter part of the 104th floor of the Daegu Suwon-gu C building, where the Defendant resides, “I am Mad. Mad. Mad. Mad.” and used the Defendant’s luxle selling and “I Rad. Ga.” on a one-time basis, the Defendant used the Defendant’s left side side flad. f. f. f. f. f. f. f. f.

As a result, the Plaintiff suffered from the injury of the 6th left-hand cage cages (the first cage cages of a single cage other than the first cage cages).

(hereinafter “instant injury”). (b)

On October 16, 2015, the Defendant was charged with an injury, and was issued a summary order of KRW 1,000,000 by the Daegu District Court. The said summary order was finalized around that time.

C. In order to treat the instant injury, the Plaintiff received treatment from a member of the D Unauthorized Foreign Department, and paid KRW 256,60 for medical expenses, KRW 15,90 for medicine expenses, and KRW 272,50 for total expenses.

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

3. Determination as to the cause of action

A. The defendant is liable for damages.

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