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(영문) 서울중앙지방법원 2019.09.10 2018나73265
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

purport:

Reasons

1. Basic facts

A. Both the Plaintiff and the Defendant are class 2 of the hearing disability, and are the streetlights of C Park.

B. At around 17:55 on September 8, 2017, D had a dispute with the owner of a nearby bicycle shop in front of the Southern Park, but the Plaintiff, who had a son’s son’s son’s son’s son’s son’s son’s son, taken the process on his cell phone.

In the process of preventing the Plaintiff from taking the Plaintiff’s photograph, the Defendant, who observed this, got the Plaintiff’s photographed.

(hereinafter “instant assault”). C.

On November 21, 2017, the Defendant assaulted the Plaintiff to have knee knee knee kne, knee knee kne, etc., and received a summary order of KRW 500,000 as a fine under this Court Decision 201Da23144 on November 21, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 4, and 7, video, and purport of the whole pleading

2. Determination:

A. The Plaintiff’s assertion is liable to pay to the Plaintiff totaling KRW 4,941,480 (i.e., medical expenses of KRW 1,441,480) for damages incurred by the instant assault, which is a tort (i.e., KRW 3,500,000).

B. According to the facts underlying the claim for damages, the defendant is liable to compensate the plaintiff for the damages caused by the assault of this case.

C. According to the evidence evidence Nos. 2 and 3 of the scope of compensation for damages, the Plaintiff, from September 8, 2017 to February 26, 2018, spent KRW 1,208,360 in the aggregate of medical expenses and medicine expenses, paid KRW 65,980 in the F Hospital’s total of medical expenses on September 19, 2017 and September 25, 2017, and paid KRW 167,140 in the G Hospital’s medical expenses on September 25, 2017.

In this regard, the defendant asserts to the purport that the plaintiff's claim for medical expenses was excessive because the plaintiff cannot be deemed to have suffered injury due to the assault of this case.

However, the part of the plaintiff's injury requires continuous medical treatment and observation, and the plaintiff has received medical treatment according to the doctor's prescription, and accordingly, it is true.

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