(영문) 울산지방법원 2017.01.24 2015가단17028

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(영문) 울산지방법원 2017.01.24 2015가단17028

손해배상(기)

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1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Grounds for claim;

A. The plaintiff is residing in Ulsan-gu C Apartment 101, 204, Ulsan-gu, 101, and the defendant was living in 101, 203, the same apartment as the plaintiff's next house.

(hereinafter referred to as the “instant apartment”) B.

On March 23, 2015, the plaintiff and the defendant had a dispute over food waste, etc., and the defendant entering the house first opened the defendant's door door to a strong door to allow the plaintiff to go against the plaintiff's door.

(hereinafter “instant accident”). C.

The plaintiff suffered serious injury caused by the instant accident. The defendant is obligated to pay to the plaintiff the amount stated in the purport of the claim as part of the total of KRW 30,998,573, which is KRW 6,772,073, which is calculated by applying 30% of the loss rate of labor ability for about one year from the date of the instant accident, including KRW 4,226,50, consolation money, KRW 20,000, KRW 300,000, KRW 200,000.

2. According to the respective descriptions and images of Gap’s evidence Nos. 2, 3, 5, and 6 (including virtual numbers), the Plaintiff may recognize the fact that the Plaintiff was hospitalized in the E Hospital located in Ulsan-gu, Ulsan-gu, by going beyond the Defendant’s house on March 23, 2015, and suffering from the 12 chest pressure frame, and by April 10, 2015 from that date, the Plaintiff was hospitalized.

However, the above facts and the statement of Gap evidence No. 4 alone are insufficient to recognize the fact that the defendant opened the door door of defendant's house with intention or negligence and caused the injury to the plaintiff, and there is no other evidence to acknowledge it.

Rather, according to the purport of each of the statements and arguments in Nos. 1 and 2 as well as the whole, the following facts and circumstances can be acknowledged.

① For example, the Plaintiff was suspected that the Defendant had committed an act, such as dumping food waste in front of the Plaintiff’s house. The Defendant discovered the Defendant on the date of the instant accident and attempted to drive away, but the Defendant was out of his house and her house.

유사 판례

-대전지방법원 2014.08.14 2014고정334

-전주지방법원 2013.04.26 2013노39

-청주지방법원 2017.05.11 2016노1591

-부산지방법원 서부지원 2017.08.17 2017고단794

-전주지방법원 군산지원 2018.12.14 2018고정320