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(영문) 춘천지방법원 2019.11.20 2019나50691
불법가해행위 손해배상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Determination as to the cause of claim

A. On August 20, 1975, the Plaintiff asserted that the Defendant, who was an appointed student, was enrolled in the Korea Army Academy at the Korea Army and was undergoing a training course at the time of being enrolled in the training course, was faced with the head of the pipe, and the part of the Plaintiff was shouldered by drinking.

The plaintiff is under medical treatment due to the defendant's reason, coming from a legacy until now.

Therefore, the defendant should pay to the plaintiff expenses of KRW 12,276,60, and expenses of KRW 5,000,000 and consolation money of KRW 12,723,400 in total, and delay damages of KRW 30,00,00 in compensation for damages caused by the plaintiff's tort.

B. According to the overall purport of the statements and arguments by Gap evidence Nos. 2 and 3 (including the number of branch numbers; hereinafter the same shall apply), the defendant's assertion of the plaintiff during the training around August 20, 1975 can be acknowledged.

However, the following circumstances, which can be acknowledged by the overall purport of the statements and arguments set forth in Gap evidence Nos. 1, 4, 6, and 11 through 13, i.e., there is no medical records to confirm specifically the part and degree of the plaintiff's injury at the time when the plaintiff was to be in her custody from the defendant, and ② the plaintiff completed the curriculum of the Korea Army Academy at Army after the plaintiff was in her custody and served as a so-called officer for about ten years.

Upon application for registration of a person who has rendered distinguished service to the State, the Plaintiff filed an administrative lawsuit against the head of the Gangwon-do Veterans Organization seeking revocation of the above disposition, upon which the Plaintiff filed an application for registration of a person who has rendered distinguished service to the State, and the Plaintiff filed an administrative lawsuit against the head of the Gangwon-do Veterans Organization. The judgment dismissing the Plaintiff’s claim on September 2, 2016 became final and conclusive for the reason that it is insufficient to recognize the proximate causal relation between the Defendant’s other act and the Plaintiff’s wound.

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