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(영문) 인천지방법원 2019.11.28 2019가단217024
손해배상
Text

1. The defendant (Counterclaim plaintiff) shall dismiss the counterclaim;

2. The Defendant (Counterclaim Plaintiff) is KRW 6,327,120 and the Plaintiff (Counterclaim Defendant).

Reasons

1. Determination as to the main claim

A. On August 24, 2017, the Plaintiff asserted that he/she suffered injury, such as sallle, sallle, sallle, etc., by being assaulted by the Defendant.

Therefore, the defendant should pay to the plaintiff medical expenses of KRW 7,067,913 and KRW 5 million in compensation for damages caused by the above assault.

B. The Defendant’s assaulted the Plaintiff on August 24, 2017 (hereinafter “instant assault”) and thereby suffered injury, such as bones, salke, and salke, due to the lack of dispute between the parties. Therefore, the Defendant is liable to compensate for the Plaintiff’s damage caused by the instant assault.

Comprehensively taking account of the overall purport of the pleadings in each of the evidence No. 1-1 to 14 regarding the part of the claim for medical expenses, the Plaintiff is recognized to have spent KRW 5,327,120 from August 24, 2017 to September 5, 2017 due to the instant assault, and thus, the Defendant shall compensate the Plaintiff for medical expenses of KRW 5,327,120 and damages for delay.

(A) Although the Defendant asserts that there is no proximate causal link between the expenditure of the above treatment costs and the Plaintiff’s assault, the fact that the instant assault incurred in the course of the operation with the Defendant, on the ground that the Plaintiff had undergone a surgery with a sexual surgery and incurred a pair of horses, and thus there is no proximate causal link between the expenditure of the above treatment costs and the assault of this case, the above Defendant’s assertion is not accepted). Although the Plaintiff asserts that the expenditure of the treatment costs reaches KRW 7,067,913, while there is no evidence to support the fact that the Plaintiff spent the treatment costs exceeding the above KRW 5,327,120, the part exceeding the above KRW 5,327,120 among the Plaintiff’s assertion is groundless.

In relation to the claim for consolation money, consolation money shall be one million won in consideration of the degree of such injury as above, the motive of the assault in this case, the relationship between the plaintiff and the defendant, etc., which can be known through the descriptions of the evidence Nos. 1 to 10.

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