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(영문) 부산지방법원 2015.05.27 2014나14211
손해배상(기)
Text

1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.

2. The appeal costs are assessed against the Plaintiff.

Reasons

1. The defendant C is a person who resides in Busan Northern-gu D, 204 Dong 606, and the defendant B is a person who is in a de facto marital relationship with the defendant C, and the plaintiff is a person who resides in the same apartment unit 204 Dong 603.

On June 15, 2013, the Defendants heard to the effect that the Plaintiff “influences in 606 where Defendant C resides,” and the Defendant C expressed a bath to the Plaintiff, which led the Plaintiff’s head several times by cutting the Plaintiff’s head into drinking and slurbing the Plaintiff’s head, and the Defendant B brought about injury to the Plaintiff’s head on the floor by pushing the Plaintiff’s arms, leading the Plaintiff’s arms and cutting the Plaintiff’s head into the bottom of the said apartment 204-dong apartment 204-dong 6-dong 201, and caused the Plaintiff’s head on several occasions by drinking and slurbing the head of the Plaintiff.

(hereinafter “instant accident.” The Defendants were indicted for violating the Punishment of Violences, etc. Act (joint injury) at the Busan District Court Decision 2013 High Court Decision 6293, Jul. 17, 2014, and were sentenced to a fine of KRW 300,000,000 for the instant accident. The Defendants appealed on August 14, 2014, but the said judgment became final and conclusive after withdrawing the said appeal.

[Reasons for Recognition] Unsatisfy Facts, Gap's entries and images, Gap's 1, 2, 3, 9, 10, 11 (including provisional numbers), 12, Eul's evidence 4, and the purport of the whole pleadings

2. According to the above facts of the judgment as to the cause of the claim, it can be recognized that the Defendants committed a joint tort causing injury to the Plaintiff, and therefore, the Defendants are liable to compensate the Plaintiff for the damages incurred therefrom.

Furthermore, in relation to the amount, the Plaintiff spent KRW 195,238 as the medical expenses for the injury caused by the instant accident, and the Plaintiff’s awareness was destroyed due to the instant accident, and the Plaintiff spent KRW 400,000 when the Plaintiff re-convened for the injury, or the aforementioned evidence was not disputed between the parties, or the Plaintiff incurred KRW 4,5,60.

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