(영문) 서울동부지방법원 2019.07.05 2018나31424

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자간(%)

(영문) 서울동부지방법원 2019.07.05 2018나31424

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. At around 17:00 on September 8, 2017, the Defendant, on the first floor of the Songpa-gu Seoul building, sent the Plaintiff’s face at a time on the ground that the Plaintiff had a telephone contact to the Defendant’s living south, and caused the Plaintiff’s injury to the Plaintiff, such as the inner and inner mouths in need of approximately 2 weeks medical treatment, and the Plaintiff’s bath while the workplace rent is kept.

B. On December 22, 2017, the Defendant was sentenced to a fine of 1.5 million won for the crime of injury (Seoul East Eastern District Court 2017DaMa1604), and on February 23, 2018, received a summary order of 300,000 won for the crime of insult (Seoul East Eastern District Court 2018 Godan130), and the above judgment and the summary order became final and conclusive around each time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 and 3, significant facts in this court, purport of the whole pleadings

2. The plaintiff alleged that the plaintiff suffered physical and mental pain due to the defendant's injury and insult, and the defendant is obligated to pay to the plaintiff consolation money for the amount of 594,756 won including medical expenses, and for the amount of 15,00,000 won in total, and 15,594,756 won and delay damages.

3. Determination

A. In full view of the evidence evidence Nos. 2 and 5 as to the property damage Gap, the Plaintiff’s payment of medical expenses of KRW 594,756 due to the Defendant’s unlawful act entered in the Defendant’s basic facts may be acknowledged.

B. According to the above basic facts, since it is apparent that the plaintiff suffered mental suffering due to the defendant's injury and insult, the defendant is liable to compensate for damages caused by the plaintiff's mental suffering.

The amount of consolation money to be paid by the defendant shall be 2,00,000 won in consideration of the contents and degree of tort, the impact of the defendant's act on the plaintiff, and other circumstances shown in the pleadings.

C. Accordingly, according to the theory of lawsuit, the Defendant’s KRW 2,594,756 (= KRW 594,756) and the Plaintiff’s KRW 2,00,000.

유사 판례

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