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1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. At around 11:20 on October 30, 2012, the Defendant: (a) committed assault against the Deceased while she was living in Suwon-si E (hereinafter “the deceased”); (b) brought about a dispute with a director as a matter of directors; and (c) committed assault against the deceased.
(hereinafter “instant assault case”). (b)
However, the Deceased could not be used immediately after the instant assault case, and the Plaintiff A, the spouse of the Deceased, filed a 119 report, sent the Deceased to the hospital, but eventually died on November 2, 2012 and around 02:05.
C. Meanwhile, the Defendant was prosecuted as the instant assault case, and on July 24, 2013, at the first instance court (Seoul District Court 2012dan6375), the Defendant was sentenced to the suspension of the execution of six months for the crime of assault. The said judgment was finalized through an appellate court (Seoul District Court 2013No3783) and a final appeal (Supreme Court 2013Do14882).
[Ground of recognition] The fact that there is no dispute, Gap's 1 through 3, Eul's 4, the purport of the whole pleadings and arguments
2. The gist of the plaintiffs' claim was that the defendant followed the deceased at the time when he committed the act of assault in this case and the head of the deceased was faced with the wall. The defendant's assault caused the death of the deceased, which led to the plaintiffs' mental suffering. The plaintiffs asserted that the spouse and children of the deceased suffered mental suffering, and the plaintiffs' response to the order to prepare an explanatory statement dated June 21, 2016 (the preparatory document dated June 29, 2016). The specific cause of the claim in this case was not inherited, but the specific cause of the claim in this case was not inherited, and the plaintiffs' claim for consolation money unique to the deceased's claim for consolation money.
The defendant claimed 10,00,000 won each as consolation money and damages for delay.
3. Determination
A. In order to recognize liability for damages caused by a tort, there should be a substantial causal relationship between the harmful act and the damage, and such causal relationship is the same.