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(영문) 수원지방법원여주지원 2017.06.13 2016가단4596
손해배상
Text

1. The Defendant’s KRW 7,00,000 and the following day shall be 5% per annum from March 1, 2017 to June 13, 2017 to the Plaintiff.

Reasons

Facts of recognition

The Plaintiff and the Defendant lived from July 2014 to February 2016 and maintained a de facto marital relationship.

The defendant committed several assaults against the plaintiff during the period of living, thereby causing bodily injury, and the plaintiff received medical treatment at the hospital.

In addition, the plaintiff reported to the investigation agency on the facts that were assaulted by the defendant several times from the defendant, but the investigation agency made a non-prosecution disposition against the defendant on the ground that the plaintiff expressed his/her intention not to be punished.

(Reasons for recognition) Facts without dispute, entry of Gap evidence 3-1 to 5, purport of the whole pleadings.

The plaintiff asserted that the plaintiff suffered mental suffering, such as suffering from the bones bones, suffering from depression, etc. due to violence inflicted by the defendant.

The defendant shall pay the plaintiff 4,086,630 won for medical expenses for injuries and 30 million won for consolation money.

The evidence presented by the Defendant alone is insufficient to recognize the Defendant’s assault, and the Plaintiff’s claim is unreasonable.

Judgment

The plaintiff asserts that the plaintiff spent 4,086,630 won to treat the boness, booms, etc. caused by the defendant's assault, and sought compensation for the damages.

However, all medical treatment days, as shown in each medical examination document (A evidence No. 4-1 to 13) submitted as evidence, are in conflict with the date of violence of a specific defendant through a preparatory document dated April 5, 2017, and there are many medical treatment expenses incurred during the period in which the plaintiff and the defendant did not live together.

Considering these circumstances, it is insufficient to readily conclude that the medical expenses claimed by the Plaintiff solely based on the evidence submitted by the Plaintiff are related to the Defendant’s assault, and there is no other evidence to acknowledge it

Therefore, the plaintiff's claim for medical expenses cannot be accepted.

With respect to the claim of consolation money, each number of evidence Nos. 1 through 3 is as follows.

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