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(영문) 수원지방법원안산지원 2020.03.25 2018가단50911
손해배상(기)
Text

1. The Defendant’s KRW 74,701,421 as well as 5% per annum from December 4, 2016 to March 25, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. While the Defendant was doubting that the Plaintiff was an unlawful act, on December 4, 2016, at around 23:00, found the Plaintiff’s head office of the Plaintiff’s operation in Ansan-si, a member C while drinking alcohol on December 4, 2016, and reported the Plaintiff with another male, the Defendant saw the Plaintiff as well as the other male, and saw the Plaintiff’s head office, three times in advance, two parts of the clothes, two parts of the chest, and one-time part of the bridge.

B. As a result, the Plaintiff sustained injuries, such as deep heat, etc. in the vicinity of clothes that require approximately 12 weeks of medical treatment.

(hereinafter “instant harmful act”). C.

The Defendant was indicted for attempted murder, etc. of Suwon District Court 2016Gohap379, and was sentenced to five years of imprisonment on April 14, 2017. On September 27, 2017, the Defendant’s appeal was dismissed (Seoul High Court 2017No1227), and the Defendant’s appeal was withdrawn on November 7, 2017, and the sentence became final and conclusive around that time.

【Ground of recognition】 The fact that there has been no dispute, entry of Gap's 1 through 7, the purport of whole pleadings

2. Determination:

A. According to the above facts of recognition of the occurrence of liability for damages, the defendant committed the above harmful act against the plaintiff, and thus, the defendant is liable to compensate the plaintiff for the damages caused by such harmful act.

B. Under the scope of liability for damages, each of the following facts may be acknowledged either as a dispute between the parties, or as a whole by taking into account the entries in Gap evidence 8 and 9, as well as the overall purport of the arguments as a result of the physical examination entrusted to the Director

In addition, in principle, the period for the convenience of calculation shall be calculated on a monthly basis, but less than the last month and less than won shall be discarded, and the current value calculation at the time of the accident of damages shall be in accordance with the fractional interest rate which deducts the interim interest at the rate of 5/12 percent per month, and it shall be deemed to have been rejected.

1) Personal information: A list of damages calculated in attached Form 1.

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