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(영문) 서울남부지방법원 2015.09.17 2015나4349
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. At around 15:00 on April 25, 2014, the Plaintiff and the Defendant found the Defendant, who had captured the organic height from the front side of the said D Building, and went beyond the person concerned with a veterinary hospital, as part of the business of “neutification surgery”, and caused the Plaintiff’s her her son to mistake the Plaintiff’s her son as an animal abuse, and caused the Plaintiff to her fight on the same day and place. The Defendant, for the said reasons at the above time and place, her flicked the Plaintiff and her flicked the Plaintiff, and her flicked the Plaintiff’s son’s flick and flicked the Plaintiff’s son’s flick, etc., who was in need of medical treatment for approximately six weeks of the Plaintiff, such as the Plaintiff’s flick bones’s fl

(hereinafter “instant injury”). (b)

On October 23, 2014, the Defendant was indicted for the instant injury and was sentenced to a judgment of conviction of 2 million won (2014Kadan2767) by the Seoul Southern District Court for the crime of injury, and the said judgment was finalized on April 29, 2015.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition as to the occurrence of damages liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the injury of this case.

B. (1) Scope of compensation for damages: KRW 3,324,530, the Plaintiff paid KRW 3,324,530 (= KRW 2,074,540, KRW 1,249,990) to the Plaintiff for hospitalization and outpatient treatment at the Gangnam Mental Hospital from April 25, 2014 to June 9, 2014 due to the instant injury.

[Grounds for recognition] A. 2 and 3 evidence, the purport of the whole argument, and the purport of the whole argument (2): 757,494 won (i.e., ordinary part-time wage 84,166 won x 9 days) Plaintiff was hospitalized in the Gangnam-gu Hospital for nine days from April 29, 2014 to May 7, 2014 due to the instant injury, and the Plaintiff could obtain income equivalent to the unit price of the wage by engaging in urban daily work as a general family unit during the pertinent hospitalization period.

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