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(영문) 울산지방법원 2017.05.25 2016나3966
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

Reasons

1. Facts of recognition;

A. On February 19, 2014, around 05:20, the Defendant: (a) committed assault, such as taking off the Plaintiff’s face at a singing room and demanding a monthly salary in arrears, on the ground that: (b) the Plaintiff, who had been working for a singing room at the singing room at the said Dnonoby room prior to being in arrears, had been found in a singing room in order to receive a monthly wage in arrears; and (c) caused the Plaintiff’s injury, such as having the Plaintiff’s face face number several times, by taking the instant accident (hereinafter “instant accident”); and (d) the Plaintiff suffered injury by the instant accident, such as having detailed brain salins, which requires treatment for about four weeks.

B. From February 19, 2014 to March 12, 2014, the Plaintiff was hospitalized at a F Hospital located in Ulsan-gu E for a period of 22 days from February 19, 2014, and was hospitalized on February 25, 2014, and received non-cerebral dive diversical diversical divestyposis, and spent 2,326,80 won in total.

C. On April 7, 2017, the Defendant was sentenced to a fine of KRW 3,00,000 at the Ulsan District Court on the charge of causing injury to the Plaintiff due to the instant accident and the charge of violating the Labor Standards Act due to unpaid wages, and the criminal judgment became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 5, purport of whole pleadings

2. Occurrence and scope of liability for damages;

A. According to the facts found above, the defendant is liable for all damages suffered by the plaintiff, since he committed a tort of assaulting and injuring the plaintiff.

B. 1) The Plaintiff spent the total amount of KRW 2,326,800 for the instant medical expenses due to the instant accident. 2) As the Plaintiff was hospitalized in the daily income for 22 days due to the instant accident, the rate of loss of labor capacity during the instant period is 100%, and the daily income is a total of KRW 1,851,652 (=84,166 of urban wage x 22 days).

3. The consolation money 1,00. The consolation money shall be paid to the Plaintiff in full view of the circumstances and results of the instant accident and all other circumstances revealed in the argument of the instant case.

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