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(영문) 수원지방법원 2014.08.28 2014나7770
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The Selection D is composed of KRW 772,283 and this.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. The plaintiffs are married couple in a de facto marital relationship that operates an over-day street store in front of the F in Sungnam-gu, Sungnam-si, and the defendant and the appointed party E are married couple who operates a divided house on the first floor of the above management building in the above management building, and the appointed party D are the children of the defendant and the appointed party E.

B. On August 28, 2011, the Plaintiffs and the Defendant asserted the issue of whether the Plaintiffs received a report on the crackdown from the employees of the Gu office before 3-4 days of the occurrence of the instant case, on the ground that Plaintiff A was replaced by the Defendant on the street before the said branch office, around August 28, 201, on the ground that, around 22:00, the assessment was not good.

C. In the process, Plaintiff A assaulted the Defendant, such as smugglinging the Defendant’s chest and neck, and the Appointor D reported the dispute between Plaintiff A and the Defendant, and the Plaintiff got out of this process, and caused Plaintiff A to go up to the lower part of the right supervision, which requires approximately two weeks of treatment.

On the other hand, the plaintiffs filed a complaint with the defendant and the designated parties with the investigative agency by asserting that they jointly assaulted and injured the plaintiffs, but on June 20, 2012, the Sungnam District Prosecutors' Office of Suwon District Prosecutors' Office was above the defendant and the designated parties.

As described in paragraph (1), each of the charges of assault and injury of Plaintiff A and Appointor D were subject to the suspension of indictment, and each of the charges of violation of the Punishment of Violence, etc. Act (joint injury) by Defendant and Appointor was subject to a non-prosecution disposition.

The Plaintiffs appealed and filed a complaint with the Seoul High Prosecutor's Office on July 24, 2012, but the appeal was dismissed on August 21, 2012. On September 4, 2012, Seoul High Prosecutor's Office (Seoul High Prosecutor's Office) rendered an application for adjudication as Seoul High Court 201Na4099, but the decision of dismissal was rendered on October 18, 2012. On October 25, 2012, the reappeal was filed by Supreme Court Decision 2012Mo2086, but the reappeal was rendered on December 18, 2012.

[Reasons for Recognition] Facts without dispute, entry B in the evidence of Nos. 1 to 8;

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