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(영문) 서울중앙지방법원 2020.10.29 2019나46314 (1)
손해배상(기)
Text

Among the judgment of the first instance, the part against the plaintiff corresponding to the amount of additional payment shall be revoked.

Reasons

1. Basic facts

A. At around 01:50 on December 9, 2017, the Defendant received a summary order of KRW 2 million on April 2, 2018 due to criminal facts, such as: (a) he/she paid four times the Plaintiff’s face value on the street before a restaurant operated by the Plaintiff located in Gwanak-gu, Seoul Special Metropolitan City, for approximately 22 days, and received a summary order on April 2, 2018, which became final and conclusive around that time.

(Seoul Central District Court 2018 High Court 4075, hereinafter referred to as "the instant assault"). (b)

On December 9, 2017, the Plaintiff: (a) on December 12, 2017, the Plaintiff: (b) received the second-hand injury diagnosis from the E Hospital to the effect that the right second-hand fingers were teared and salted; (c) on December 12, 2017, the Plaintiff received the injury diagnosis from the F Hospital to the effect that it is necessary to recover the water from the right side of the upper-hand fingers; (d) on May 21, 2018; (e) on May 28, 2018; (e) on May 21, 2018; (e) on May 22, 2018; (e) on May 22, 2018; (e) on March 13, 13; and (e) on March 23, 2016, the Plaintiff received the injury presumption of the need for treatment, respectively, No. 11, 21, 223.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 6 through 9, Eul evidence 2, the purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff asserts that the defendant is obligated to pay to the plaintiff expenses for treatment, expenses for future treatment, consolation money, and damages for delay since he/she suffered mental suffering due to the assault in this case, 11 perforth, 11 perforth, 13 perforth, 13 perforth, 13 perforth, 21, 22, and 23 perforth, the right side of the upper right side of the music, and thereby suffered from mental suffering. Thus, the defendant is obligated to pay to the plaintiff the expenses for treatment, for future treatment, consolation money, and losses for delay. 2) Although the assault in this case is recognized, the amount of future treatment fees claimed by the plaintiff is excessive, and in particular, the injury to the pathia as claimed by the plaintiff is excessive, and five months from the date of issuance of the medical certificate.

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