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(영문) 서울동부지방법원 2016.12.23 2013가단9490
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 6,004,420 to the Plaintiff (Counterclaim Defendant) and its related amount from October 16, 2012 to December 23, 2016.

Reasons

1. Facts of recognition;

A. The Plaintiff, as a resident of the Gwangjin-gu Seoul Special Metropolitan City apartment (hereinafter “instant apartment”), was the president of the council of occupants’ representatives of the instant apartment from May 2012. The Defendant was the chairman of the council of occupants’ representatives from May 2010 to November 201.

B. (1) On November 21, 201, at around 22:00, the Plaintiff stated that the building that exceeds the garbage of the Plaintiff’s house in the council of occupants’ representatives located within the apartment complex of this case would not be properly treated by the Defendant, who is the resident representative, the Plaintiff left the floor of the Defendant’s right and left the right door requiring approximately two weeks of medical treatment.

(2) The Defendant, at the same time and place as above, inflicted an injury on the Plaintiff, such as a pelpelf, etc. requiring medical treatment for about four weeks on the Plaintiff, by setting up against the Plaintiff’s assault and doing so.

C. The Plaintiff received a summary order of KRW 1 million from the Seoul East Eastern District Court due to an injury to the Defendant, and filed an application for formal trial, and was sentenced to a judgment of suspension of sentence on June 5, 2012 from the above court (Seoul East Eastern District Court 2012 Go-Ma411), and the said judgment became final and conclusive around that time.

The Defendant received a summary order of KRW 1 million on January 20, 2012 in Seoul Eastern District Court Decision 201 High Court Decision 201 High Court Decision 17416, and around that time, the said summary order became final and conclusive.

[Reasons for Recognition] Facts that there is no dispute or is not clearly disputed, Gap evidence 1, 2, Eul evidence 4, 5 (including Serial number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination as to the claim on the principal lawsuit

A. According to the above facts of recognition as to the occurrence of damages liability, the defendant is liable to compensate the plaintiff for damages caused by the injury to the plaintiff.

The defendant has committed his assault.

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