(영문) 대전지방법원 2016.11.25 2016나104102

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Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 대전지방법원 2016.11.25 2016나104102

손해배상(기)

Text

1.The judgment of the first instance shall be modified as follows:

The defendant shall make 3,465. 3,465.

Reasons

1. Basic facts

A. On July 7, 2015, D was organized in order to bring about the abolition of the cafeteria which was gathered from the “F cafeteria” located in Seo-gu, Seo-gu, Seo-gu, Seo-gu.

B. The Defendant brought about the abolition of the above disposition later at the above place, which led to the injury of D and B, such as D and B, and the injury of D, which was caused by the pressure 2 times in the middle of the 56-day medical treatment for approximately 56 days, to D and C, and the pressure d and C, etc.

(hereinafter “instant harmful act”). C.

After the Defendant was sentenced to a summary order of KRW 3,00,000 on the instant harmful act as a crime of bodily injury and received a fine of KRW 3,00,00,000, the Defendant was sentenced to a conviction of KRW 3,000 by filing an application for formal trial with the Daejeon District Court Branch of the Daejeon District Court as 2015Ma1143, and appealed as Daejeon District Court 2016No147, Oct. 19, 206, the said conviction became final and conclusive.

On the other hand, D died on October 27, 2015, and D's heir is the Plaintiff (Appointed Party) and the Appointed Party C.

[Ground of recognition] Facts without dispute, Gap evidence 1, 2, 11 through 20, Eul evidence 1, the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the defendant is liable for damages suffered by the plaintiff (appointed party) and the appointed party C due to the harmful act of this case, D, the plaintiff (appointed party) and the appointed party C.

In regard to this, the defendant argues that there is no fact beyond D, and that D is merely a mere fact that D had a pipe affixed to the defendant and it was beyond D in the process of preventing the defendant from displaying it, but there is no evidence to acknowledge it, and therefore, the defendant's above assertion is rejected.

3. Scope of liability for damages

A. The Plaintiff (Appointed Party) shall collect the abolition and at the average of 50,000 won per day except Sundays.

유사 판례

-의정부지방법원 2014.01.14 2012가단45108

-서울남부지방법원 2015.09.08 2014가단1854

-서울북부지방법원 2017.11.08 2017나32402

-서울서부지방법원 2014.06.27 2013가합6803

-대전지방법원 2016.10.19 2016노1147