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(영문) 광주지방법원 2016.06.10 2015나8748
손해배상(기)
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The plaintiff's claim extended in the trial is dismissed.

3...

Reasons

1. Basic facts

A. On March 4, 2013, the Defendant: (a) around 18:00, at the entrance of the main point of the trade name, “D” located in Young-gun C, Jeonnam-gun, on the ground that the Plaintiff refused the Defendant’s recommendation to drink alcohol together, the Defendant laid down the Plaintiff’s left side knife once with the floor of hand, and laid the Plaintiff’s rear water one time with a knife with the Plaintiff’s rear water flow, and laid the Plaintiff’s knife over the lower part of the stairs, and laid down the Plaintiff’s knife, left knife, etc. requiring approximately two weeks of treatment.

(hereinafter “instant injury”). (b)

The Plaintiff, due to the instant injury, from March 4, 2013.

7. 1. By the end, the total amount of KRW 1,477,264 was spent for medical treatment after being hospitalized in a field general hospital, etc. and outpatient treatment.

C. On the other hand, at the time of issuing the instant injury, the Plaintiff was performing the business related to the wabner and mutual aid in E Company.

[Reasons for Recognition] Unsatisfy, Gap's entry in Gap's evidence 1 to 9, 22 (including paper numbers; hereinafter the same), the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff spent KRW 2,117,764 as the medical expenses for the injury of the instant case (i.e., KRW 1,471,064 as the medical expenses for hospitalization of KRW 348,60 for the general treatment expenses of KRW 348,60 for the general treatment expenses of KRW 348,60 for the general treatment expenses of KRW 298,60 for the instant case). The Plaintiff failed to receive a proper treatment from March 4, 2013 to August 3, 2014 due to the instant injury, and was unable to obtain a total of KRW 29,981,390 for the instant period. As such, the Defendant suffered a considerable mental distress, the Defendant must pay KRW 5,00,00 for consolation money to the Plaintiff.

Therefore, the defendant should pay to the plaintiff a total amount of 37,099,154 won and damages for delay.

B. There is no causal link between the Defendant’s injury and the above medical expenses paid by the Plaintiff. Even if a causal relationship exists, the Plaintiff had a certificate of king, which should be excluded. The Plaintiff’s age and the income accrued after the occurrence of the instant injury.

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