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1. The Defendant’s KRW 8,322,791 as well as the Plaintiff’s annual rate of 5% from October 5, 2016 to August 24, 2017.
Reasons
1. Occurrence of liability for damages and limitation on liability;
A. According to the overall purport of evidence Nos. 1 and 2 as well as the entire pleadings, the Defendant, at around November 12, 2015, acknowledged the fact that, at around 12:43, the Defendant, at the Defendant’s end of the Defendant’s home located in Cheongyang-gun, Cheongyang-gun, the face of the Plaintiff was met once, two times in response to the Plaintiff’s face, and that, at the same time, the Plaintiff suffered injury, such as a 11-day aggregate click at 11 on each side of the Plaintiff, which requires approximately six weeks of medical treatment (hereinafter “instant crime”).
Therefore, the defendant is obligated to compensate the plaintiff for damages incurred by the crime of this case.
B. The scope of the Defendant’s liability due to the instant crime is limited to 60% by comprehensively taking account of the following factors: (a) the relationship with the Plaintiff and the Defendant prior to the instant crime; (b) the background leading up to the instant crime; (c) the Plaintiff’s damage inflicted upon the Defendant during the instant crime; and (d) the degree of punishment for the instant crime and the Plaintiff’s punishment as to the instant crime.
2. In principle, the period of calculating the scope of compensation for damage shall be calculated on a monthly basis, but less than the last month and less than KRW 10 shall be discarded;
In addition, it is rejected that the parties' arguments are not stated separately.
According to the overall purport of evidence No. 3-1, evidence No. 5-1 and evidence No. 5-1, the Plaintiff, who was engaged in usual Agriculture, may recognize the fact that he/she was hospitalized in the E Hospital for 23 days from November 12, 2015 to December 4, 2015 to treat the injury caused by the instant crime.
Therefore, the lost profit suffered by the Plaintiff due to the instant accident = 1,177,887 won = 102,425 won/day of daily wages of workers employed in rural communities per quarter of April 2015 ¡¿ 100% of the loss rate of work ability during the period of hospitalization ¡¿ the period of hospitalization.