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(영문) 서울중앙지방법원 2016.01.13 2015가단183344
손해배상(기)
Text

1. The Defendant’s KRW 3,399,760 as well as the Plaintiff’s annual rate from January 18, 2015 to January 13, 2016, and the following.

Reasons

1. Occurrence of liability for damages;

A. Under the overall purport of the Plaintiff’s evidence No. 1 and the pleadings, the Defendant, around January 17, 2015, may recognize the fact that, around 18:40, the Defendant, while dancing with the Plaintiff, located in the area “D” located in the Gwanak-gu Seoul Special Metropolitan City, Seoul Special Metropolitan City C and the third floor, plouts and plouts the Plaintiff’s arms, and thus, the Plaintiff’s defect in order to avoid dancing with the Plaintiff’s right part at one time, and caused an injury, such as “dyfe in the direction,” which requires approximately two weeks of treatment for the Plaintiff’s right part (hereinafter “instant accident”).

B. According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the accident of this case caused by the defendant's intentional or negligent act.

2. Scope of liability for damages

A. Medical expenses and medicine expenses: 1,89,760 won (the ground for recognition: stated in Gap evidence 7) is seeking payment of KRW 1,975,760 in excess of the above money, but it is difficult to recognize that the Plaintiff is a loss due to the instant accident, as to KRW 76,00 (the food value of KRW 9,000 paid on April 1, 2015, the food value of KRW 12,000 paid on the card card card of KRW 5,000, the food value of KRW 12,000 paid on April 22, 2015, and the food value of KRW 5,000 paid on the card card of KRW 5,00,000 paid on E, without merit.

B. Although the Plaintiff sought reimbursement of KRW 6,250,000 for household helpers cost, there is no clear evidence to prove that the Plaintiff suffered injury to the extent that the Plaintiff is in need of household helpers due to the instant accident, the Plaintiff’s claim for this part of this case is without merit.

(c) Consolation money: 1,500,000 won (determination as above in consideration of various circumstances, such as the background of the instant accident, the degree of damage to the Plaintiff, the relationship between the original defendant and others);

D. Accordingly, the Defendant’s total damages amounting to KRW 3,399,760 (i.e., medical expenses and medicine expenses amounting to KRW 1,899,760,000) and the damages amounting to KRW 1,50,000 after the date of occurrence of the instant accident.

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