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(영문) 수원지방법원 2017.11.09 2016가단523763
손해배상(기)
Text

1. The Defendant: (a) KRW 41,953,81; and (b) KRW 5,000,000 and each of the said money to Plaintiff A; and (c) from March 28, 2016 to March 27, 2017.

Reasons

1. Basic facts

A. At around 22:30 on March 28, 2016, the Defendant, on the ground that: (a) the Plaintiff, who was traveling in the same way while traveling in the pentan-si, was taking a rest with other residents, and was able to talk with the other residents; and (b) the Plaintiff, who was walking in the left part of the Plaintiff A once, was injured the Plaintiff A by a astronomical impairment, etc. in need of approximately 6 weeks of medical treatment.

B. The defendant is the above A.

The defendant was indicted by Suwon District Court 2016Kadan1870 due to the facts constituting the crime described in the paragraph, and the above court, on June 29, 2016, sentenced the defendant to a suspended sentence of two years in October, 2016, and sentenced the defendant to an order of community service for 120 hours.

Although the defendant appealed against the above judgment and filed an appeal under the Suwon District Court 2016No4591, the above court rendered a judgment dismissing the appeal on February 8, 2017, and the above judgment became final and conclusive as it is.

C. The Plaintiffs are married couple.

[Ground of recognition] Facts without dispute, Gap evidence 1 to 4 (including branch numbers for those with additional numbers; hereinafter the same shall apply), witness D's testimony, the purport of the whole pleadings

2. According to the above facts of recognition of the occurrence of damages liability, the defendant set forth in the above subparagraph 1-A.

As described in paragraph (1) above, since the plaintiffs suffered injury, they are liable for the damages suffered by the plaintiffs.

In regard to this, the Defendant first expressed the Plaintiff’s bath and acted as dump to the Defendant during the period where the Plaintiff and the Defendant did so, and the Defendant suffered injury due to the instant case, which led to the Plaintiff’s negligence of at least 40%. However, in light of the background of the instant injury recognized by the foregoing evidence, the degree of injury suffered by the Plaintiff A, etc., the Plaintiff caused the instant injury.

It is difficult to see that there is any negligence in the occurrence and expansion of the damage, and otherwise, evidence to recognize it.

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