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1. In accordance with the expansion of the purport of the claim by this court, the defendant shall pay to the plaintiff KRW 1,090,497 and the plaintiff on July 26, 2016.
Reasons
1. The Plaintiff claimed positive damages (treatment costs), passive damages, and solatium against the Defendant respectively. The court of first instance accepted both positive damages (treatment costs) and partly accepted the passive damages and solatium.
In this regard, the plaintiff did not claim part of passive damages and the future treatment expenses (the plaintiff claimed 7 million won as active damages including future treatment expenses at the warden, and the plaintiff appears to be 2,058,730 won (2,059,730 won) in the application for modification of the purport of the claim made on June 13, 2017.
2) On the other hand, the part of the claim for future treatment costs was withdrawn by only filing a claim.
As a result, the claim for future treatment costs would have expanded the purport of the claim in this court, the scope of this court's trial is limited to passive damages and future treatment costs claims.
2. Occurrence of and limitation on liability for damages;
A. Comprehensively taking account of the overall purport of the pleadings as to evidence Nos. 2, 4, and 5 (including each number), the Defendant, upon receiving a request from the Plaintiff on July 26, 2016, at the fourth floor of the Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seo-gu, Seocheon-gu, the fourth floor of the 4th floor of the city, the Defendant used the Plaintiff’s face at a price for drinking three times and for drinking three times and for approximately four weeks of treatment to the Plaintiff.
Therefore, the defendant is liable for damages sustained by the plaintiff due to the above tort.
B. The limitation of liability, however, in full view of the purport of the argument as a whole in the statement of evidence No. 1 of this case, it can be recognized that the defendant inflicted an injury upon the plaintiff while the plaintiff was fighting with his body by putting his clothes from the defendant, etc. In light of the circumstances in which the injury in this case occurred, the ratio of liability of the defendant shall be 85%.