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(영문) 광주지방법원 2016.06.02 2015가합55542
손해배상(기)
Text

1. The Defendants jointly share KRW 85,645,709 with respect to the Plaintiff and KRW 5% per annum from October 14, 2012 to June 2, 2016.

Reasons

1. Occurrence of liability for damages;

A. The following facts are acknowledged in full view of the fact that there is no dispute over recognized facts, Gap evidence 1-1, and the purport of the entire pleadings.

1) 피고들은 2012. 10. 14. 04:40경 광주 북구 D에 있는 “E주점” 앞길에서, 원고의 친구인 F이 피고 C에게 “뭘 꼴아보냐, 재수없다, 따라와라”고 말하였다는 이유로 원고, F과 시비가 붙어 피고 B은 주먹으로 원고의 얼굴을 8회가량 때리고, 피고 C는 원고의 얼굴을 3회가량 때려 원고에게 약 6주간의 치료가 필요한 비골골절, 안와골 골절 등의 상해를 가하였다(이하 ‘이 사건 가해행위’라 한다

(2) The Defendants received a summary order issued by the Gwangju District Court 2012 High Court Decision 18855 on the ground of the instant harmful act, and requested formal trial by the same court 2012 High Court Decision 2988, but each of the Defendants was sentenced to a fine of KRW 3,000,000, which became final and conclusive.

B. 1) According to the above facts, the defendants are liable to compensate for property and mental damage suffered by the plaintiff due to the act of this case. 2) As to this, the defendants asserted to the effect that there was no passive defense at the level of self-defense, and the defendant Eul did not have assaulted the plaintiff. However, there is no evidence to acknowledge the defendants' above assertion, and rather, in full view of the purport of Gap's statement and argument as to Gap's evidence 1-1, the defendant C prices not only passive defense but also actively the plaintiff's face on several occasions, and the defendant Eul prices the plaintiff's face eight times by drinking, and the defendants were also led to the confession of all the harmful acts of this case in the course of criminal litigation, and it is recognized that the facts charged were not denied or they did not assert self-defense as alleged above.

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