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(영문) 부산지방법원 2017.05.31 2016나49167
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to pay below shall be revoked.

2...

Reasons

1. Determination as to the cause of claim

A. A dispute arises between the Plaintiff’s assertion and the Plaintiff’s shape C, setting up a 59,306 square meters of Gyeong-gun, Gyeongnam-gun (hereinafter “instant land”). During that process, the Plaintiff took a bath to the extent that the Plaintiff’s son’s son’s son’s Defendant could not enter the instant land.

Since the above act of the defendant constitutes a tort against the plaintiff, the defendant is obligated to pay the plaintiff damages amounting to 4,000,000 won (i.e., medical expenses amounting to 1,500,000 won) and damages for delay.

B. 1) The occurrence of liability for damages arising from a tort is held liable for an act in violation of the legal order of society, and is subject to a public sanction (criminal punishment) against an actor, while civil liability is held for an act in violation of another person’s legal interest, and is based on the victim’s personal responsibility, and the compensation system is based on the guiding principle, the fair and reasonable burden of damages. Thus, even if the act does not constitute a criminal offense, whether it constitutes a tort under the civil law should be examined from the perspective of criminal liability.

(See Supreme Court Decision 2006Da6713, Feb. 1, 2008; b) Evidence Nos. 2, 5, and 2 through 5 (including paper numbers; hereinafter the same shall apply) A

In full view of the respective descriptions and arguments of the Plaintiff, the Plaintiff and the Plaintiff’s model C, and the dispute arose between the Plaintiff and the Plaintiff. During that process, the Defendant, the son Plaintiff’s model Plaintiff, around September 4, 2015, sent to the Plaintiff text messages containing the insulting expressions and abusives, such as “Anger, the Plaintiff’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s son’s

(2) such fact shall be deemed to have been.

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