logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2020.08.14 2019가단49046
채무부존재확인의 소
Text

1. On June 24, 2019, at around 12:50, an accident that occurred in the Grand Party of the D High School located in Gangnam-gu Seoul Metropolitan Government.

Reasons

1. Comprehensively taking account of the overall purport of the arguments in the statement in Gap 1 and Eul 1, the plaintiff and the defendant in Gangnam-gu Seoul Special Metropolitan City D High School D High School D High School D High School D High School D High School D High on June 24, 2019, when the plaintiff, who was seated in D High School D High School D High School D High School D High School D High School D High School D High School D High School D High School on his/her hand, had the defendant's head faced with the defendant's head on the floor. Accordingly, the defendant suffered injury, such as brain death requiring four weeks' medical treatment.

According to the above facts of recognition, the plaintiff is responsible for compensating the defendant for damages caused by illegal acts, and there is no circumstance to limit his liability by recognizing the defendant's negligence in the record.

2. Scope of liability for damages

A. The Defendant alleged that the Defendant spent KRW 2,570,951 in total due to the Plaintiff’s assault, etc., but received the Defendant’s assertion within the scope of this, since the sum of the medical expenses actually spent by the Defendant out of the medical expenses recognized by the Plaintiff’s 3 was KRW 1,716,250 among the medical expenses recognized by the Plaintiff’s assault.

The Plaintiff asserted to the effect that, although the Defendant received a diagnosis that the instant accident requires four weeks of medical treatment, he/she received medical treatment from October 14, 2020, and received medical treatment due to drums, etc. even before the instant accident, only within the scope of proximate causal relation should be recognized. However, the Plaintiff’s assertion is rejected, given that the causal relation between the aforementioned medical treatment costs and the instant accident can be acknowledged in light of the course of the instant accident and the content of the treatment.

B. The consolation money is KRW 4 million, taking into account all the circumstances revealed in the arguments of this case, such as the fact that the defendant was leading to entering a high school as a third-year student at the time of the accident of this case, the fact that the plaintiff and the defendant were involved in the accident of this case, the degree of injury of the defendant is not very serious, treatment progress, and family relationship.

arrow