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(영문) 광주지방법원 2016.09.21 2015나13641
약정금
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On October 16, 2012, at around 12:30 on October 16, 2012, E (F) the Defendant’s arched off the entrance door outside the 3rd female toilets of Gwangju Mine-dong, Seo-dong, Seo-dong, Middle School, with the entrance door opened, and there was a ples in the shape of the date on which the Plaintiff was removed.

(hereinafter “instant accident”). (b)

From October 16, 2012 to October 27, 2012, the Plaintiff spent KRW 220,000,000 for sexual surgery and treatment expenses, and from November 12, 2012 to January 31, 2013, the Plaintiff spent KRW 22,602,00 for sexual surgery and treatment expenses at a shipbuilding University Hospital.

C. On March 11, 2013, the Plaintiff and his father B, E, and the Defendant agreed as follows (hereinafter “instant agreement”).

1. E will not occupy school toilets.

2. The Defendant shall pay 2,00,000 won for consolation money and 1,500,000 won for medical expenses to the Plaintiff until March 27, 2013.

3. If the costs of future treatment, other than those of the above 1,500,000 won, are incurred, the plaintiff, within two years from the date of this agreement, shall prove the amount of damage within the extent not exceeding 6,000,000 won, and if the plaintiff, within two years from the date of this agreement, the "victim" stated in the agreement of the defendant in this case, appears to be the clerical error of the "victim".

On March 22, 2013, the Defendant paid KRW 3,500,000 to the Plaintiff with the agreed amount.

E. From July 25, 2013 to February 27, 2014, the Plaintiff spent KRW 474,954 for the sex surgery and the charge imposed at the Joseon University Hospital.

F. The Plaintiff and the Plaintiff’s parents received psychological treatment from August 18, 2014 to December 13, 2014, i.e., the psychological counseling center I.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 6, 10-3, Eul evidence Nos. 1 through 3 and 5, and the purport of the whole pleadings

2. After the Plaintiff’s assertion, the Plaintiff’s assertion in this case is based on 474,954 won as the sexual surgery and the charge for the imposition of charges at the Joseon University Hospital, and the Plaintiff’s parents’ psychological treatment costs at the Psychological Counseling Center I.

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