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(영문) 인천지방법원 2015.06.04 2014나17817
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the amount ordered to be paid below shall be cancelled.

Reasons

1. Scope of adjudication of this court;

A. In the first instance court, the Plaintiff claimed for the damages incurred by the Plaintiff due to the Defendant’s unilateral assault, the amount of lost income of KRW 1,119,116 (31,421,34 won x 13/365 days), active damages of KRW 8,577,710 (the amount of KRW 1,040,710 for future medical expenses (the amount of KRW 6,600 for future medical expenses) and KRW 937,00 for the amount of KRW 5,00 for consolation money, KRW 14,696,826 for the amount of KRW 14,60 for the amount of KRW 5,00 for consolation money, and damages for delay.

B. As to this, the court of first instance rendered a judgment of winning part of the plaintiff (the dismissal of a claim for actual income, affirmative damage 6,876,639 won, solatium 2,50,000 won, and solatium 2,50,000 won). Since only the defendant appealed against the part against the defendant, only the claim for payment of KRW 6,876,639, and solatium 2,500,000, cited in the first instance court among positive damages, shall be subject to the judgment of this court.

2. Basic facts

A. On January 16, 2013, the Defendant: (a) around 18:00, on the ground that the Plaintiff, who was living in the company’s place where the Defendant works, had been named as “B” and had been on drinking the Plaintiff’s face, threshold, etc. (hereinafter “instant assault”); (b) inflicted injury on the Plaintiff between the opening and inspection of the Plaintiff’s diversous base, inculatory base, inception, non-profit, and mustache, etc.; and (c) the injury between 5/6/7 and 5/7 of the HP escape certificate (hereinafter “the instant injury”).

Medical corporations on January 17, 2013, medical expenses for the name of the hospital for the disbursement date: (a) the Chang Medical Foundation; (b) 135,300 won in the Dauma Hospital; and (c) the 7,200 won in the Dauma on January 18, 2013; and (d) the 232,510 won in the Dauma Hospital; (b) April 18, 2013; and (c) the E Hospital KRW 547,070 in the E Hospital on April 24, 2013 and KRW 100,000 in the aggregate of KRW 1,040,630 in the E Hospital on May 23, 2013.

B. The Defendant paid 1,040,710 won in total due to the instant injury as follows.

C. The purchase price of the Plaintiff’s goods destroyed by the instant assault is KRW 37,00, KONEX 50,000, and KRW 850,000, both of which are KRW 937,000.

The defendant on February 28, 2013 is the employee's company.

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