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(영문) 창원지방법원진주지원 2016.06.29 2016가합10097
손해배상(기)
Text

1. The Defendant: 194,545,630 won to Plaintiff A; 10,000,000 won to Plaintiff B; and 1,00,000 won to Plaintiff C and D, respectively.

Reasons

1. Basic facts

A. The plaintiff A and B are married couple, and the plaintiff C and D are children of the plaintiff C and B, and the defendant is a neighbor residing in the same village as the plaintiff.

B. At around 19:30 on December 30, 2014, the Defendant, at G community halls located in the Republic of Korea, around the end of a year, had 30 village residents drink alcoholic beverages and take meals at the G community hall located in the Republic of Korea, Busan, and had Plaintiff A cut the micro from Plaintiff A on the ground that he interfered with the atmosphere of transmission, such as bullying by using a singing machine micro, which was under the influence of alcohol, and caused Plaintiff A to go beyond A by pushing the head on the floor of the G community hall.

The Defendant suffered injury due to the aforementioned assault, such as an injury to the Plaintiff A due to the flag’s external depression, the flag’s hair, etc.

(hereinafter referred to as “instant accident”). C.

On October 13, 2015, the Defendant was sentenced to a suspended sentence of two years for a year due to the crime of assault or bodily injury committed by the Defendant at the Changwon District Court's Jinwon branch (Jinwon District Court's Jinwon Branch 2015Kadan668), and the above judgment became final and conclusive around that time.

The defendant deposited KRW 20,000,000 as part of the compensation for damages against the plaintiff A in the course of the above criminal trial.

[Ground of recognition] Facts without dispute, Gap 1 through 3, 7, and Eul 1 evidence (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. We examine the basis for liability, and in a civil trial, even if it is not bound by the fact-finding of a criminal trial, the fact that a criminal judgment already became final and conclusive on the same factual basis is a flexible evidence, and thus, it cannot be recognized that there is no objection to the fact-finding of a criminal trial in light of other evidence submitted in the civil trial unless there are special circumstances where it is deemed difficult to adopt the fact-finding of the criminal trial (see Supreme Court Decision 97Da24276 delivered on September 30, 197).

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