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(영문) 울산지방법원 2015.06.11 2014나7162
손해배상(기)
Text

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

Reasons

1. Occurrence of and limitation on liability for damages;

A. In full view of the facts that there is no dispute between the parties to the claim for damages, and the purport of the entire argument in Gap evidence Nos. 1 and 5, the defendant, on July 4, 2013, was found to have committed assault by the plaintiff on the part of July 4, 2013, and caused the plaintiff's face and breast part in drinking with the plaintiff's breath when the plaintiff was satch and satch were satch, etc., for about eight weeks of medical treatment (hereinafter "the harmful act of this case"), and thus, the defendant is liable to compensate the plaintiff for damages caused to the plaintiff by the tort.

B. The limitation of liability for damages: (a) the Plaintiff found the D No. C’s future room operated by the said C while under the influence of alcohol, and the Plaintiff committed assault against the Defendant and both parties, i.e., committing assaulting the said C; and (b) the Plaintiff also inflicted an injury upon the Defendant in need of approximately three weeks of treatment, such as sub-chapter 5 salt, etc.; and (c) taking into account all the circumstances before and after the instant accident; and (d) the degree of injury and assault between the Plaintiff and the Defendant, the Defendant’s liability is limited to 70%.

2. Scope of liability for damages

A. (1) Property damage 1) There is no dispute between the parties that the Plaintiff suffered loss equivalent to KRW 1,784,220 due to the instant harmful act. (2) Where the victim who received the insurance benefits under the National Health Insurance Act for the medical expenses of the previous medical expenses claims for damages against a third party, when the victim's negligence competes with the third party, the victim's negligence should be deducted from the amount of damage calculated first, and the insurance benefits should not be deducted from the amount of damage, and the victim cannot again offset the amount of the insurance benefits so deducted, and where the victim received the insurance benefits pursuant to the National Health Insurance Act due to the injury caused by the third party's tort, the victim's claim for damages against the third party shall be limited to the National Health Insurance

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