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(영문) 서울중앙지방법원 2019.11.29 2019나38320
손해배상(기)
Text

The part against the plaintiff falling under the amount ordered to be paid under the judgment of the first instance shall be revoked.

The defendants are the defendants.

Reasons

1. The scope of this court’s adjudication in the first instance court, asserting that the Defendants suffered damages as stated in the “request in the first instance court” column due to the Defendants’ joint tort, and sought payment of the amount equivalent to 1/3 of the damages compensation amount (1,40,000 won) against the Defendants respectively. The first instance court dismissed the Plaintiff’s claim against the Defendants, and the Plaintiff appealed against the Plaintiff’s appeal as stated in the following [Attachment] column of the Plaintiff’s objection scope. Accordingly, the subject of adjudication in this court is limited to the part of the Plaintiff’s objection.

The plaintiff's appeal range of 200,000 won in the first instance court's total of 5,400,000 won in the amount of 3,400,000 won in the amount of 3,400,000 won in the amount of 60,000 won in the actual income of 200,000 won in the second instance.

2. Basic facts

A. On April 22, 2018, the Plaintiff, on board a bicycle on April 22, 2018 and passed the Gwanak-gu Seoul Special Metropolitan City Ethmp, had a passenger car driven by the Defendants. As a result, the Plaintiff and the Defendants were disputing the dispute with each other with the Defendants getting out of a passenger car.

B. The above A.

In the process of dispute as described in paragraph (1), Defendant C was pushed down with the Plaintiff’s body by arms, Defendant D was pushed down with the Plaintiff’s body by hand, and Defendant B took the Plaintiff’s part by hand (hereinafter “instant assault”), and the Plaintiff was pushed down with the shoulder of Defendant C by hand.

C. The Plaintiff was diagnosed by the Defendants as “scarcity and tension with the scarke part” due to the instant assault by the Defendants.

The Plaintiff and the Defendants are as follows.

On September 17, 2018, the plaintiff and the defendants were subject to investigation by the investigative agency due to the assault described in the paragraph, and the non-prosecution disposition of the suspension of indictment was issued against the plaintiff and the defendants.

[Grounds for recognition] The items of evidence Nos. 2 and 5, and the purport of the whole pleadings

3. Determination

A. According to the above acknowledged facts, the defendants are jointly and severally liable to compensate the plaintiff for the damages suffered by the plaintiff due to the assault of this case.

(c).

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