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(영문) 의정부지방법원 2016.07.21 2015나12773
손해배상 등
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. On May 2, 2014, the Plaintiff suffered bodily injury, such as cutting the bones of bones, which requires approximately four weeks’ medical treatment by being abused by the Defendants in the “E” drinking house located in Ma in Ma, the Government-si on May 2, 2014.

(hereinafter referred to as “instant accident”). [Ground of recognition] A without dispute, entry of evidence Nos. 1 and 2, and the purport of the whole pleadings

2. According to the above fact of recognition as to the occurrence of damages liability, the Defendants jointly have the obligation to jointly pay the Plaintiff the damages and the damages for delay arising from the instant accident.

3. According to each of the evidence revealed earlier prior to the limitation of liability, the Plaintiff, while engaging in a dispute with the Defendants at the time of the instant accident, may recognize that the Plaintiff inflicted an injury upon Defendant B, about three weeks, and about two weeks, requiring medical treatment. The Plaintiff appears to have contributed to the occurrence and expansion of damage.

Therefore, in determining the defendants' liability for damages, these circumstances should be taken into account. The plaintiff's fault ratio is reasonable to be 30% in consideration of the course of the accident in this case, degree of injury, and all other circumstances revealed in the pleading in this case. Thus, the defendants' liability is limited to 70

4. Scope of damages.

A. According to each of the above facts finding grounds for calculation and Gap evidence Nos. 3-1 to 5, and evidence Nos. 4, the following facts can be acknowledged:

① Future treatment costs: 4,637,308 won (5,140,00 won x 0.9022; and 5,140,000 won, including operating expenses, around July 7, 2016, which was the date on which 26 months have elapsed from the date of the accident in this case, shall be deemed to have been disbursed in lump sum as a lump sum. At the time of the accident, the current price calculation at the time of the accident shall be based on the Hofman type calculation method, which deducts intermediary interest at the rate of 5/12 per month: 3,067,310 won. 3: Restriction on the Defendants’ liability: 70%: 5,393,232 won [=618,4637.637.637.

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