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(영문) 부산지방법원 2019.05.31 2018나56626
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. On February 25, 2018, the Plaintiff asserted that he/she requested the Defendant, who operates a ice room under the trade name of “C”, to provide cosmetic of his/her own ice dog. The Defendant abused the Plaintiff’s ice dog while beautying, including the Plaintiff’s ice dog’s neck and faceing, thereby causing injury to the back bridge.

The plaintiff paid a total of KRW 705,000 for medical expenses and surgery expenses in order to treat the back side of the return dog's left side, and it is anticipated that the plaintiff will take KRW 600,000 for future medical expenses.

Therefore, the Defendant is obligated to pay the Plaintiff the sum of KRW 1,805,000 (i.e., KRW 705,000,000 for medical expenses in the future), which is KRW 605,000 for damages for the tort.

2. Determination

A. According to the statements and videos set forth in Gap evidence Nos. 1 through 5 and 9, the defendant discussed the above return dog in the course of beautying the plaintiff's return dog at the plaintiff's request on February 25, 2018, and thereby, the above return dog suffered an injury to the plaintiff's back bridge on the left side (hereinafter "the injury of this case"), and the video set forth in Eul evidence No. 1 does not interfere with the above recognition.

Therefore, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant injury.

B. 1) According to the evidence evidence No. 8, the Plaintiff spent a total of KRW 705,000 for the treatment of the instant injury in the return dog. 2) Although the Plaintiff claimed KRW 600,000 for future medical expenses, the evidence alone submitted by the Plaintiff is insufficient to recognize that the instant injury would result in the said future medical expenses, and there is no other evidence to prove otherwise.

The plaintiff's assertion on this part is without merit.

3. Comprehensively considering the developments leading up to the occurrence of the instant case, the degree and degree of the injury suffered by the Plaintiff’s return dogs, and other circumstances that appear in the pleadings.

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