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(영문) 울산지방법원 2020.09.10 2019가합14062
손해배상(기)
Text

1. The Defendants jointly share KRW 237,59,445 with respect to the Plaintiff, and 5% per annum from August 31, 2018 to September 10, 2020.

Reasons

1. Facts of recognition;

A. On August 31, 2018, the Plaintiff sent a vision to each other while smoking Defendant B and tobacco in front of the restaurant located in Ulsan-gu D, Ulsan-gu. D.

B. Defendant C, who observed this, assaults the Plaintiff’s face, fright, etc., with drinking the Plaintiff’s face, and assaulted the Plaintiff’s face, etc. by combining Defendant B with it.

C. The Plaintiff suffered injury due to the Defendant’s assault, such as negopathosis, where the left eye is almost flick. D.

The Defendants were prosecuted for the crime of serious injury (Ulsan District Court 2019Gohap131) due to the above crime, and the above judgment became final and conclusive on November 30, 2019.

[Ground of recognition] Facts without dispute, Gap evidence 2 and 7 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. According to the above facts acknowledged as above, the defendants were jointly and intentionally injured the plaintiff. Thus, the defendants are jointly and severally liable to compensate the plaintiff for the damages caused by the above harmful act.

B. The limitation of liability for damages: (a) the following circumstances acknowledged based on the above admitted facts and the evidence, i.e., this case, based on the Plaintiff’s tobacco smoking by Defendant B, has been caused by the Plaintiff’s desire to take care of the Plaintiff’s tobacco smoking; and (b) in light of the overall circumstances, such as the degree of injury and assault and the scope of damage, the Plaintiff shall be deemed to have contributed to the occurrence or expansion of damage; and thus, the Defendants’ liability is limited to 85%.

C. The portion not stated separately below the scope of the liability for damages is as shown in the attached Table of Calculation of Damages.

(For calculation, less than the last month and less than 1 won are each server, hereinafter the same shall apply). 【No dispute exists concerning the basis of recognition, entry of Gap evidence 2 and 4, and the F Hospital of this Court.

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