(영문) 대구지방법원 2015.04.30 2014나21609

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(영문) 대구지방법원 2015.04.30 2014나21609

손해배상(기)

Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Occurrence of liability for damages;

(a) The following facts may be admitted if there is no dispute between the parties, or if the purport of the entire pleadings is added to the statements in Gap evidence 1, 2-2, 3, and Eul evidence 3-1 to 3, 4-5:

1) On May 14, 2013, at around 20:0, the Defendant was issued a summary order of KRW 300,000,00 as an injury crime, from the 2nd floor E workers’ lodging room in Gyeongnam-gun, the second floor E workers’ lodging room in Gyeongnam-gun, where the Plaintiff was drunk and was working at the same site, and the Plaintiff was breading on the floor of the lodging room, and the Plaintiff was breadd with approximately two times at the Plaintiff’s head, and the Plaintiff was bread with approximately 30 days’ schill, and the Defendant was issued a summary order on January 21, 2014, since the above violence was committed by the Defendant.

B. According to the above facts, the defendant is liable for all damages suffered by the plaintiff due to the accident of this case as an intentional tortfeasor.

2. Scope of liability for damages

A. The plaintiff asserts that the accident in this case caused the decline of both fingers and the aggravation of the symptoms of both fingers and lost profits equivalent to 5,386,624 won corresponding to the wages of urban daily workers for 64 days during the treatment period.

According to Gap evidence No. 2-1, G Hospital located in Daegu-gu F on May 20, 2013, where the plaintiff was found to have been subject to active medication due to symptoms of "the third ambath, third 4 ambath" at G Hospital located in Daegu-gu, Daegu-gu, and "the third ambath, fourth ambath", but there is no evidence to prove that the above "the third ambath, third 4 ambath ambath" symptoms were caused or aggravated due to the accident of this case. Thus, this part of the plaintiff's assertion is without merit without any further need.

B. The Plaintiff is entitled to KRW 546,180 in the name of the medical expenses incurred in the instant accident.

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