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1. All appeals against the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal are the principal lawsuit.
Reasons
1. The scope of this Court’s trial in the first instance court claimed 677,090 won for treatment expenses incurred by assault and assault, 7,000 won for consolation money for B himself, and 3,000,000 won for consolation money for the Defendant’s spouse. The court of first instance accepted part of the claim for treatment expenses and consolation money for B himself, and dismissed the claim for consolation money for the Defendant.
Since only the plaintiff appealed against this, the part of the claim for consolation money of KRW 3,000,000 against the defendant among the counterclaim is excluded from the scope of the judgment of this court.
2. As to the claim of consolation money and counterclaim due to violence among the principal lawsuit, the principal lawsuit and counterclaim shall be considered together.
A. Facts of recognition 1) The Plaintiff is a F apartment resident of the Nam-gu Incheon Metropolitan City, and B is a representative of the F apartment occupant.
B) On September 20, 2014, at around 11:40, the Plaintiff and B argued that the test cost occurred due to the use of the froat at the F Apartment Management Office (hereinafter “instant dispute”). During that process, the Plaintiff got the head of B into face with the wall, leading the left-hand horse, leading them to the wall. As a result, B suffered from the internal side, the inspection, and the medical expenses of B from September 22, 2014 to September 29, 2014, the Plaintiff received 215,320 won from the medical expenses of the Plaintiff’s assault, and spent 215,320 won from the medical expenses of the Plaintiff’s assault, and 200 won from the diagnosis on July 15, 2015.
3) The death B died on July 2, 2016. At the time, the heir was the spouse, the designated children D, and E, and the inheritance shares were 3/7, the designated parties D, and E are 2/7, respectively. [The facts that there is no dispute over recognition, Gap evidence 3, Eul evidence 2 through 7, and the purport of the entire pleadings, as a whole.
B. 1) The Plaintiff is deemed to have suffered mental distress due to B’s assault. 2) The Defendant et al. as his heir, as the Plaintiff.