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1. The judgment of the first instance is modified as follows.
A. The defendant shall pay to the plaintiff KRW 3,260,780 and KRW 260,780.
Reasons
1. In the first instance court, the Plaintiff claimed KRW 1,300,440, 5,000, such as night allowances, as active damages, for medical expenses of KRW 300,780, and for passive damages. The first instance court accepted the claim for the whole and part of the positive damages, and dismissed the claim for the part of the passive damages.
Since only the defendant appealed against this, the subject of the judgment of this court is limited to the active damages, consolation money, and delay damages cited by the first instance court.
2. Determination
A. According to the overall purport of Gap evidence Nos. 2 and 9 through 12 and the overall purport of the theory of visual and visual changes, the defendant committed an assault against the plaintiff's face on the ground that the plaintiff's selective vehicle located in Sinpo-si D company distribution center around February 22, 2019, the plaintiff's selective vehicle, after the workplace, faced with the defendant's selective vehicle in front of the floor, and went against the defendant's selective vehicle in front of the house. The defendant took a time to see the plaintiff's face on the ground that he fell into the defendant's selective vehicle. The plaintiff's title is cut back on his arms, walking the plaintiff's sexual organ, and walking the plaintiff's sexual organ. ② The plaintiff was issued on February 23, 2019 after the date of the above assault. After that, the defendant received medical treatment from the doctor in charge of assault, etc., and then received a fine from the plaintiff 207 won in the above case.
According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the above tort.
I would like to say.
B. According to the overall purport of the theory on the entries and changes in the evidence Nos. 3 through 6 within the scope of damages, the Plaintiff did not work more than at night with the Defendant while on duty after being assaulted by the Defendant.