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(영문) 광주지방법원 순천지원 2018.09.13 2017가단2995
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 and annual interest thereon from March 30, 2017 to September 13, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. On January 20, 2013, the Plaintiff issued a summary order on April 3, 2013 as the facts charged that: (a) assaulted the victim E and inflicted an injury upon the victim for six weeks of treatment; (b) upon the Plaintiff’s request for formal trial, the Plaintiff was rendered a judgment of not guilty on May 28, 2014 from the first instance court (this Court Decision 2013 High Court Decision 2014No1507). On January 15, 2015, the Prosecutor’s appeal was dismissed at the appellate court (Seoul District Court 2014No1507) and the judgment of not guilty became final and conclusive around that time.

B. On September 11, 2013, the Defendant appeared as a witness of the first instance trial against the Plaintiff and testified that the above facts do not exist, even though the Defendant sent text messages on the part of the Plaintiff E, which was divided into 6:4, to the victim E in the course of investigation of the above criminal case against the Plaintiff.

For this reason, the defendant was finally sentenced to a fine of 5 million won for perjury and became final and conclusive.

(Court 2016 Highest 2074, Gwangju District Court 2017No118). (C)

The defendant was at the site at the time of the above criminal case, and was at the music hall recorded in the facts charged, and the defendant himself assaulted the plaintiff and E. The following day of the case referred to the agreement issue, and sent text messages such as the above Paragraph (b) to E.

피고는 위 1심 재판에서 “E이 무대에서 술에 취해 홀 바닥으로 쓰러지고서는 통기타를 발로 차면서 욕을 했고, 이에 원고가 화가 나 E의 주먹을 때려 입술에서 피가 났고, 이후 두 사람이 서로 멱살을 잡고 약 15분간 넘어지고 뒹굴고 하던 중에 원고가 E을 밀어 E이 탁자 위를 굴러 바닥에 떨어지면서 다리가 아프다고 소리를 쳤다.“라고 증언하기도 하였다.

[Ground of recognition] Facts without dispute, Gap evidence 1-3, Gap evidence 1-1-3, Eul evidence 1-1, the purport of the whole pleadings

2. The cause of the action.

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