beta
Text
1. According to the Plaintiff’s expansion of the purport of the claim in this court, the judgment of the first instance is modified as follows.
Reasons
1. The court's explanation on this part of the claim for damages is the same as the reasoning of the judgment of the court of first instance, and thus, citing it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Scope of liability for damages
A. The Plaintiff asserts that the Defendant’s assaulted the Defendant to seek KRW 4,481,726 from September 22, 2015 to April 30, 2019 that the Plaintiff received treatment from the hospital and the pharmacy and paid the total amount of KRW 4,481,726.
According to the records of Gap evidence No. 8, Gap evidence No. 14-1, evidence No. 18-2, and evidence No. 18-10, respectively, the plaintiff can recognize the fact that the plaintiff paid 134,50 won to Eul non-Korean hospital and D non-Korean hospital from September 22, 2015 to October 8, 2015, 14,000 won, and 1,50,050 won for E pharmacy, and 1,50,050 won for medical expenses and medicine expenses. The damages equivalent to the above medical expenses and medicine expenses are recognized as proximate causal relation with the defendant's assault, but the remaining 4,331,676 won except for this, 1,481,726 - 150,050 won cannot be accepted in the part of the plaintiff's assertion regarding the above recognition scope in light of the defendant's assault, the plaintiff's temporary causal relation between the defendant's assault, the plaintiff's use, and the defendant's temporary causal relation.
B. The plaintiff asserts that the amount of consolation money recognized by the first instance court is too low in light of the defendant's assault's pain and the aftermath of bodily injury, etc., and sought 2,000,000 won as consolation money.
The amount of consolation money for mental suffering caused by a tort may be determined by the court at its own discretion in consideration of all the circumstances.
(2) In light of the aforementioned legal principles, the following circumstances are revealed in the argument of the instant case: (a) health class; (b) the developments and motive leading up to the occurrence of the instant assault; (c) the details and degree of the Defendant’s assault; and (d) the result of the Defendant’s assault.