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(영문) 광주지방법원 2014.12.05 2014나9317
손해배상(기)
Text

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

The defendant shall pay to the plaintiff KRW 3,462,150 as well as on November 2013.

Reasons

1. Basic facts

A. The Defendant is the chairman of the Operation Committee of the Clux Association (hereinafter “Clux Association”), and Clux Association is the owner of D 1,188 square meters (hereinafter “instant land”).

B. At around 17:20 on June 20, 2013, the Defendant: (a) committed an injury on the part of the Defendant’s house in front of the Defendant’s house; (b) on the ground that the Defendant leased the instant land cultivated by the Plaintiff to another person; and (c) caused the Plaintiff’s face to the Plaintiff when she sprinks the Plaintiff’s bridge by cutting down bats with bating the Plaintiff’s bat; and (d) took part in the Plaintiff’s face by hand (hereinafter “the Defendant’s assault”).

Accordingly, on October 1, 2013, the defendant was issued a summary order of KRW 2,00,000 by the Gwangju District Court Decision 2013 High Court Decision 201Da12827.

C. The Plaintiff suffered from the Defendant’s assault, as a result, a spathy of a baby who requires approximately four weeks’ medical treatment, a spathy of Ema part, a spathy, a spathy, and a spathy, and a spathy that require approximately two weeks’ medical treatment (hereinafter “the instant injury”).

[Ground of recognition] Unsatisfy, entry of Gap evidence 2 and 3 (including additional number), the purport of the whole pleadings

2. Claims for damages due to default;

A. On November 201, 201, the Plaintiff asserted that the Plaintiff entered into a lease agreement with the Defendant managing the instant land to reclaim and cultivate the instant land (hereinafter “instant lease agreement”). From December 201 to October 2012, the Plaintiff buried the instant land, and purchased soil equivalent to KRW 300,000,00 for farming purposes, and stockpiled the instant land.

However, since the Defendant leased the instant land to a third party around May 2013 and the Plaintiff was unable to use the instant land, the Defendant is obligated to pay KRW 300,000 to the Plaintiff for compensation for damages arising from the breach of the instant lease agreement.

B. First of all, determination.

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