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(영문) 서울중앙지방법원 2017.07.27 2014가단5345836
손해배상(기)
Text

1. The Defendant’s KRW 7,639,558 as well as the Plaintiff’s annual rate of 5% from December 23, 2014 to July 27, 2017.

Reasons

1. Facts of recognition;

A. At around 22:00 on September 3, 2013, the Defendant: (a) rendered one time a part of the Plaintiff’s entry to drink from a restaurant located in Gangnam-gu Seoul Metropolitan Government “D”.

As a result, the plaintiff suffered from the injury of non-dynamic water control infections that require treatment for about four weeks.

B. On January 21, 2014, the Defendant received a summary order of KRW 2 million due to the facts constituting the crime under the preceding paragraph, and the said summary order became final and conclusive around that time.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 17, result of the forwarding of certified copies, result of the forwarding of certified copies, result of the examination of medical records, purport of the whole pleadings

2. According to the above facts of recognition of liability for damages, the defendant is liable to compensate the plaintiff suffered by the plaintiff due to the defendant's assault as a tort unless there are special circumstances.

However, the defendant's liability is limited to 90% in consideration of the circumstances and circumstances of this case and the result of criminal punishment.

3. Scope of liability for damages

A. According to the evidence mentioned above, the total sum of the pre-determined medical expenses and the future medical expenses of KRW 3,014,950 and KRW 300,000 for future medical expenses are recognized, and the amount of damages shall be KRW 2,983,455 when applying the limitation of liability.

B. According to the evidence as seen earlier, the Plaintiff’s monthly average income is 2,047,652, and the Plaintiff’s labor disability rate due to the instant case is 100% for four days during which the period of hospitalization is 4 days, and 0.36% for the period from September 10, 2013 to February 11, 2041, the Plaintiff’s daily income is 1,840,115 won for all of the Plaintiff’s daily income, and the Plaintiff’s loss amount is 1,656,103 won when applying the limitation of liability.

C. The consolation money shall be determined at three million won, taking into account the developments leading up to the occurrence of the instant case, the progress after the accident, the situation of damage, the degree of negligence, and all other circumstances revealed in the pleadings.

4. Thus, the plaintiff's claim of this case is above.

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