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(영문) 서울서부지방법원 2018.05.25 2017가단20312
손해배상(기)
Text

1. The Defendant: KRW 78,472,450 for the Plaintiff and KRW 5% per annum from April 9, 2015 to May 25, 2018.

Reasons

1. Basic facts

A. On April 9, 2015, the Plaintiff: (a) around 08:25, around 08:25, caused the occurrence of the operation of the location of the adjoining machine at the workplace of Dong-gu, Dong-gu, Seoul; (b) the Defendant, who is a workplace guard, becomes a Sif, and the Defendant, first from the back of the company, flobbbs, flobs, and flobs of the Defendant, with the Defendant’s flobs, once as drinking, and sustained two flobs requiring approximately four weeks of medical treatment to the victim.

B. As to the above, the Defendant suffered injury to the victim, such as the Plaintiff’s face at multiple times, and the victim’s face was taken several times due to the head, etc., including 10 weeks of treatment.

B. As the instant fighting match, the Defendant was sentenced to imprisonment with prison labor for six months, and the Plaintiff was sentenced to a suspended sentence (one million won as a fine), and the said judgment became final and conclusive after the second and third trials.

On the other hand, the defendant deposited 6 million won in the criminal case of this case to the plaintiff.

【Fact that does not have any dispute】

2. Determination on the issues of the instant case

A. The plaintiff asserts that since he lost 21% labor ability due to the injury of the defendant of this case, he should compensate for the damages as stated in the purport of the claim.

In regard to this, the defendant asserted that the plaintiff's massage expenses and visual disability are unfair since they are irrelevant to the fighting of this case due to the aftermathy damage caused by a doctor's mal disorder during the surgery, and thus, they are not related to the fighting of this case.

B. According to the results of the physical examination of E Hospital of this Court, although the neutism of the right-to-face gyptism is observed due to the neutism, this is not a situation requiring special treatment, but may remain due to permanent aftermathy, although there is a possibility of natural leutism, and the plaintiff must do so due to neutism of leutical neutism.

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