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1. The Defendant’s KRW 639,440 as well as the Plaintiff’s annual rate of KRW 5% from November 1, 2014 to October 20, 2015.
Reasons
1. Occurrence of liability for damages;
A. The Defendant (Vinnam, 77 years old) was injured by the Plaintiff (Vin and 70 years old), and was indicted by the Busan District Court 2015DaMa881. On July 8, 2015, the above court convicted the Defendant of the criminal facts, “On the ground that the Defendant was unable to pay the Plaintiff money from the guest car No. 1201 of the Busan Mindo Mindo, Busan on November 11, 2014, on the ground that he was unable to pay the Plaintiff money, the Defendant was released from the mother used by the Plaintiff on the ground that he was unable to pay the Plaintiff money from the guest car No. 1201 of the Seoul Mindo, Busan on November 1, 2014, and was found to have been guilty of the criminal facts, such as a fine of KRW 10 per week on the face and face of the Plaintiff.”
(A) Evidence Nos. 1 and 1-1-8 of the above judgment was appealed by the Busan District Court 2015No234, but the defendant was sentenced to dismissal on October 8, 2015, and the above judgment was finalized on October 16, 2015.
According to the above facts of recognition, the defendant is liable to compensate for damages suffered by the plaintiff as a tortfeasor who abused and injured the plaintiff.
B. The Plaintiff’s limitation of liability did not pay the Defendant’s obligations for a long period of time, and also caused the instant assault.
Therefore, in calculating the amount of damages to be paid by the defendant, it is reasonable to limit the defendant's liability to 80% on the ground that the ratio of negligence of the plaintiff is 20% in light of the age, background, etc. of the plaintiff and defendant.
2. Scope of liability for damages
A. Posium 94,600 won for active damages (or medical expenses not in dispute) and medical expenses 79,700 won for mental and medical expenses: considering the type Nos. 3, 7, the Plaintiff’s age, the developments leading up to the assault, and the fact that the Plaintiff was assaulted twice a day, the mental disorder must be considered to the extent that the Plaintiff needs mental treatment.