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(영문) 서울서부지방법원 2016.09.22 2015가합38736
손해배상
Text

The defendant shall pay to the plaintiff A KRW 23,33,33, the plaintiff B, C, and D each of the above amounts of KRW 13,88,888,88, and each of the above amounts.

Reasons

1. The facts below the underlying facts may be found either in dispute between the parties or in Gap evidence Nos. 1, 2, and 4 (including a Serial number; hereinafter the same shall apply), Eul evidence Nos. 1 to 5, and 10, together with the purport of the entire pleadings.

The network F (hereinafter referred to as "the deceased"), the defendant and the defendant's wife G are all residents of the H apartment in Yongsan-gu Seoul Metropolitan Government.

Since G was elected as the tenant representative of H apartment on September 10, 2012, there were several civil and criminal disputes between the deceased and G. During this process, G was sentenced to a fine of KRW 700,000 due to the crime of interference with business and the fine was unpaid, and the Defendant had a good appraisal against the deceased.

B. On November 11, 2015, the Defendant moved to the deceased and H apartment management office next to the deceased, and requested the deceased to be subject to an accusation as above, but the deceased refused this.

Accordingly, the defendant, who was suffering from cremation, moved the deceased at one time by drinking, and continued to take the part of the deceased's neck as a hand, and made the face of the deceased several times by drinking.

As a result, the Deceased sent back to the Macheon University Hospital, but around November 11, 2015, at the above hospital around 18:20 on the same day, the Deceased died from double damage and humd pressure.

(hereinafter referred to as “instant accident”). C.

As above, the Defendant was prosecuted for committing the crime of injury inflicted upon the deceased and resulting in his death on April 27, 2016, and was convicted of four years of imprisonment (Seoul Western District Court Decision 2015Gohap322), and the Defendant and the prosecution appealed both the Defendant and the prosecution, and was convicted of imprisonment for three years and six months at the appellate court on September 2, 2016.

(Seoul High Court 2016No1292) d.

As the inheritor of the deceased, there are plaintiffs A, C, and D, who are their spouse, and their children.

2. The occurrence of liability for damages.

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