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(영문) 수원지방법원성남지원 2014.12.19 2014가단202454
손해배상(기)
Text

1. The Defendant’s KRW 6,570,160 as well as the Plaintiff’s annual rate of KRW 5% from March 19, 2014 to December 19, 2014.

Reasons

1. Facts of recognition;

A. The Defendant and the Defendant resided in adjoining areas and did not have a good appraisal. Around January 14, 2014, at around 02:00, the Defendant found the Plaintiff’s house and went back to the Plaintiff’s wife C, and had a dispute with the Plaintiff. After they returned to the Plaintiff’s house at around 21:00, the Plaintiff went back to the Plaintiff’s house, and the Plaintiff drawed the Plaintiff’s house, and drawed the Plaintiff’s house, and drawed the Plaintiff’s house, and drawed the Plaintiff’s house, and drawed the Defendant’s house at around 3:4 times in drinking, the Plaintiff suffered injury, such as an injury on the part of the Plaintiff, which requires three weeks of medical treatment, and the Defendant draw up the Plaintiff’s face at around 8 weeks in order to take the Plaintiff’s flaps and the Plaintiff’s face at around 8 weeks in drinking.

B. As to each of the above bodily injury, the Defendant was issued a summary order of KRW 4,00,000 and became final and conclusive (as to the above bodily injury, approximately KRW 2010,000, the Defendant was sentenced to a conviction of KRW 1,000,000, which was sentenced to a fine of KRW 1,000,000 (Seoul District Court 2014,000).

[Grounds for Recognition: Evidence No. 1, the purport of the whole pleadings]

2. Determination

A. According to the above facts, since the defendant suffered from the plaintiff with inside and outside the right side which requires eight weeks of treatment due to assault, the defendant is liable to compensate the plaintiff for damages incurred therefrom, but in the meantime, in the event that there were errors by the victim such as inducing assault, it shall be taken into account in determining the amount of compensation for damages.

(Supreme Court Decision 77Da2142 Decided January 24, 1978, Supreme Court Decision 78Da1390 Decided October 10, 1978, Supreme Court Decision 65Da1096 Decided August 24, 196). B.

According to Gap evidence 5 (including the paper numbers) and Gap evidence 6, the plaintiff spent 5,565,950 won for self-paid medical expenses, and the National Health Insurance Corporation claims unjust enrichment amounting to the plaintiff pursuant to Article 53 of the National Health Insurance Act (Article 53 of the National Health Insurance Act).

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