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(영문) 대전지방법원천안지원 2016.11.23 2016가단3450
손해배상(기)
Text

1. The Defendant’s KRW 524,538 as well as the Plaintiff’s annual rate of 5% from August 12, 2015 to November 23, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a resident of the Asan-si apartment, and the defendant is the head of the management office of the above apartment.

B. On August 12, 2015, around 18:00 on August 12, 2015, the Plaintiff had to pay KRW 300,000,000 to the Defendant with the Plaintiff’s husband while drinking with the Plaintiff’s husband.

The plaintiff, who caused a defect in the bath theory of the defendant and caused water to the defendant's body through the head window of the defendant's vehicle.

C. The Defendant collected the raw water (15L) from the vehicle in front of the drain outlet, thereby spreading water to the Plaintiff’s body and collecting the water so far as it was difficult for the Plaintiff to enjoy the water.

(hereinafter “instant assault.” The Plaintiff assaulted the Defendant’s timber and shoulder in approximately three times with the said life water. D.

around November 18, 2015, the Defendant received a summary order of KRW 1 million from Daejeon District Court Branching the Daejeon District Court Decision 2015Da7537, supra, on the grounds that the instant assault inflicted an injury on the Plaintiff, such as spambling, etc. on the part of the lower sale, which requires treatment for about three weeks.

The above summary order was finalized on December 10, 2015.

On the other hand, the Plaintiff filed a request for formal trial under the Daejeon District Court Branch Decision 2015Ma1082 after the summary order of a fine of KRW 500,000 for the above facts constituting an offense of assault.

On February 5, 2016, the Plaintiff was sentenced to a fine of KRW 300,00 as an assault, and the said judgment became final and conclusive on February 13, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, 5, 6, Eul evidence Nos. 1, 2, 4, and 5 (including each number; hereinafter the same shall apply) and the purport of the whole pleadings

2. The assertion and judgment

A. 1) According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages incurred by the plaintiff due to the assault of this case due to the tort. 2) The plaintiff is suffering from the blood relative due to the assault of this case, and its impact has been delivered to ear and has been prevented until now.

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