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(영문) 창원지방법원진주지원 2017.08.22 2016가단34942
손해배상(기)
Text

1. The Defendant’s KRW 800,000 and the Plaintiff’s annual interest thereon from May 31, 2015 to August 22, 2017.

Reasons

1. Basic facts

A. The Plaintiff is a person who is in charge of the president of the Gyeonggi-gu Housing Management Committee and the temporary representative director of the Dong, and the Defendant is a resident of the above apartment.

B. On April 21, 2016, the Defendant was convicted of having been sentenced to a fine of 500,000 won for the following criminal facts (hereinafter “the instant assault act”), and the above judgment became final and conclusive as it is.

On May 30, 2015, the defendant around 09:23, 2015, when the plaintiff and the chairperson of the above apartment management office who had been the chairperson of the apartment house management office were in dispute with the issue of dismissal proposal of the plaintiff and the chairperson, the plaintiff reported 112, and the plaintiff did not turn the front of the defendant. However, the plaintiff did assault the plaintiff's float by putting the plaintiff's float on his hand and tightly.

[Ground of recognition] A without dispute, entry of evidence No. 23, purport of the whole pleadings

2. The assertion and judgment

A. 1) The Plaintiff’s assertion 1) The Plaintiff suffered bodily harm, such as spawn, etc., due to the Defendant’s act of assault in this case, due to the Defendant’s act of assault in this case, and received treatment at a hospital from May 30, 2015 to April 25, 2016 after receiving considerable mental impulses from the Defendant’s continuous insult and verbal abuse to the Plaintiff. Accordingly, the Defendant should pay to the Plaintiff KRW 20,00,00 for total medical expenses of the Plaintiff and mental damage KRW 5,382,420. 2) The Defendant’s assertion did not contain any fact of assaulting the Plaintiff, and there was no causal link between the instant assault act and the injury and treatment claimed by the Plaintiff. Therefore, the Plaintiff’s claim cannot be accepted.

B. 1) Determination of the occurrence of liability for damages) In a civil trial on the determination of whether the instant assault act was committed, even if it is not bound by the fact-finding in a criminal trial, a criminal judgment already became final and conclusive as to the same factual basis.

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