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(영문) 부산지방법원 2018.04.03 2015가단69026
손해배상(기)
Text

1. The Defendant’s KRW 13,44,679 as well as the Plaintiff’s annual rate from April 24, 2015 to April 3, 2018, and the following.

Reasons

Basic Facts

On April 24, 2015, the Defendant, along with the Plaintiff, divided drinking and drinking conversations with the Plaintiff on April 24, 2015, told the Plaintiff that “I am hye and be forgotten” was “I am hye and be forgotten,” so that the Plaintiff took the face part of the Defendant’s face one time with his hand.

On the ground that the plaintiff's face such as the right side side side of the plaintiff 5 to 6 times a drinking, the defendant took a part of the plaintiff's head and clothes, the right side, the amblock, and the other side of the plaintiff's head and clothes, the right side, and the other side of the plaintiff's amblock.

As a result, the plaintiff suffered injuries, such as inside the right side, the floor, and the interior walls, which need to be treated for about 62 days.

(hereinafter “instant accident”). The Defendant was investigated into the instant accident, and was indicted on June 30, 2015 for committing the crime of injury under the Suwon District Court’s Branch Decision 2015Kadan567.

On October 12, 2015, the above court sentenced the defendant to 10 months of imprisonment and 2 years of suspended execution. The prosecutor appealed against the above judgment as Suwon District Court 2015No6199, but the above appellate court sentenced the dismissal of appeal on April 27, 2016. The above judgment became final and conclusive around that time.

[Ground of recognition] In light of the facts without dispute, Gap evidence Nos. 1, 2, and 5 (including virtual numbers), and the facts of recognition as to the establishment of tort liability for damages arising from the overall purport of pleadings, the defendant is liable to compensate for damages suffered by the plaintiff due to the accident of this case as a tortfeasor in relation to the accident of this case.

However, the limitation of liability should take part in calculating the amount of damages that the defendant would compensate for, such as the occurrence of the accident in this case and the prolonged treatment period of the plaintiff, but the defendant's liability is limited to 70% in consideration of the various circumstances shown in the argument in this case.

In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but shall be less than the last month and won.

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