logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 인천지방법원 2018.04.25 2017나12882
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. Basic facts

A. On April 5, 2017, at the entrance of a parking lot, the Defendant inflicted injury on the Plaintiff, such as thalle, etc. at the entrance of the parking lot, on two occasions as a hand floor of the Plaintiff’s face, with a balle and balp, and without a head open room for treatment for about three weeks, by breaking the balp, etc.

(hereinafter “instant tort”). (b)

Accordingly, the plaintiff paid 147,680 won to the hospital for treatment fees, etc.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, Eul evidence No. 1 (including paper numbers), the purport of the whole pleadings

2. Issues of the instant case

A. The Plaintiff filed a claim against the Defendant for medical expenses of KRW 147,680 and consolation money of KRW 1,500,000 for damages incurred by the tort of this case.

B. In regard to this, the Defendant recognized the mistake of committing the tort of this case, but argued that 147,680 won for medical expenses would be compensated, but that 1,500,000 won is excessive.

C. Therefore, the issue of this case is the amount of consolation money that the defendant should pay to the plaintiff.

3. Determination

(a) In calculating consolation money due to an illegal act, circumstances on the part of the victim, such as the victim's age, occupation, degree of suffering from damage, degree of negligence of the victim, etc., as well as circumstances on the part of the perpetrator, such as the perpetrator's intentional or negligent degree, motive and cause of the harmful act, and attitude of the perpetrator after the illegal act, may be comprehensively considered;

(Supreme Court Decision 2014Da219163 Decided March 12, 2015). B.

In light of the above legal principles, in full view of the health team, the content and degree of the tort in this case, the medical records that the Plaintiff received by the Plaintiff due to the tort in this case, the motive and cause of the Defendant committed the tort in this case, and the Defendant’s attitude thereafter, etc., the amount of KRW 1,50,000, which the first instance court should pay to the Plaintiff as consolation money.

arrow