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(영문) 수원지방법원 2015.11.27 2015나9735
손해배상(기)
Text

1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.

The defendant.

Reasons

1. Comprehensively taking account of the overall purport of arguments and arguments as to the descriptions of Gap evidence Nos. 2, 3, and 6 (including paper numbers; hereinafter the same shall apply) and images, the defendant, around 16:00 on June 21, 2014, deemed that around 16:0, the defendant, on the ground that the plaintiff's vehicle stopped in the safety zone on the road located in Seocho-gu Seoul Metropolitan Government Dracks his own vehicle in front of the safety zone and interfered with driving, "the plaintiff," expressed a bath to "the plaintiff," and used the plaintiff's dracks by cutting down the plaintiff's balth and cutting off the plaintiff's two arms, thereby causing injury to the plaintiff, such as be cage, salt, tension, etc.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the above tort.

2. Scope of liability for damages

A. According to the evidence No. 4 of medical expenses, the plaintiff can be found to have spent a total of KRW 198,540,00 in medical expenses, medicine expenses, etc. in order to treat the defendant's injury caused by the above tort. Thus, the defendant is liable to pay the above KRW 198,540 to the plaintiff.

B. The amount of consolation money to be paid by the Defendant to the Plaintiff shall be KRW 1,500,000 in consideration of all the circumstances revealed in the pleadings of the instant case, including the developments leading up to the Plaintiff’s above injury, the Plaintiff’s age and occupation, the degree of injury suffered by the Plaintiff, and the treatment process.

C. According to the theory of lawsuit, the defendant's 1,698,540 won ( medical expenses of KRW 198,540,000 for medical expenses of KRW 198,540 for medical expenses) and with respect to KRW 998,540 for the portion cited in the judgment of the court of first instance, which is the part cited in the judgment of the court of first instance, from June 21, 2014, which is the tort day to February 5, 2015, which is deemed reasonable to dispute over the existence and scope of the defendant's duty of performance, 5% per annum under the Civil Act from June 21, 2014, and 20% per annum from the following day to the date of full payment, the damages for delay shall be the remainder.

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