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(영문) 수원지방법원안산지원 2016.10.20 2016가합6931
손해배상(기)
Text

1. The Defendants jointly share KRW 20,885,434 with respect to the Plaintiff and the period from May 11, 2016 to October 20, 2016.

Reasons

1. Basic facts

A. The plaintiff and the defendant B are relatives.

Defendant B, around 02:00 on August 28, 2014, around 02:0 Sinh City, had the Plaintiff’s face at least 6:7 drinking in front of the rest room of “F” house, and accordingly, the Plaintiff had to go beyond the next plastic beverage boxes.

(hereinafter “instant accident”). (b)

The Plaintiff suffered from bodily injury, such as luminous bones, fellle, and felinite, the right-hand stale, salvine, salvine, brain salvine, and alvine, etc. due to the instant accident. On September 2, 2014, the Plaintiff was hospitalized in the instant hospital from August 28, 2014 to September 15, 2014 at the Korea University Medical Center Hospital.

C. Defendant C is the father of Defendant B, and Defendant D is the mother of Defendant B.

On September 5, 2014, Defendant C and D prepared a letter to the Plaintiff that Defendant B shall be liable for joint and several liability for all damages incurred due to the instant accident.

[Reasons for Recognition] Unsatisfy, Gap evidence 1 to 4, Eul evidence 1 (including each number, if any) and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts as to the establishment of liability, Defendant B is a tort committed by the instant accident. Defendant C and D are those who guaranteed liability for damages arising from Defendant B’s tort, and the Defendants are jointly liable to compensate for the damages suffered by the Plaintiff due to the instant accident.

B. Restrictions on liability: Provided, however, considering that both the Plaintiff and the Defendant B were under the influence of alcohol at the time of the instant accident, and that the Plaintiff exceeded the face from Defendant B, and the damage was significantly incurred, the Plaintiff was injured due to Defendant B’s assault.

In addition, all damages caused by them should be borne only by the Defendants.

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