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(영문) 부산지방법원 2015.10.15 2014나49071
손해배상(기)
Text

1.(a)

Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked and above.

Reasons

1. Comprehensively taking account of the statement and the purport of evidence No. 4 as to the establishment of liability for damages, it is recognized that around 03:10 on June 8, 2012, the Defendant had the Plaintiff’s face attached to the Defendant’s daily happiness and vision go beyond the floor when drinking at the Plaintiff’s face at the Busan metropolitan metropolitan transportation Daegu, and thereby, the Plaintiff suffered injury, such as double alleys, patha, patha, patha, etc. which require four weeks of treatment.

According to the above facts of recognition, the defendant is liable to compensate for damages suffered by the plaintiff due to the above illegal acts, except in extenuating circumstances.

2. Scope of liability for damages

A. We do not accept the Plaintiff’s assertion that exceeds the amount recognized below.

1) The active damages amounting to KRW 3,256,980 (Evidence A3 and 4) for future treatment costs of KRW 4,847,320 (Evidence A) [The amount of KRW 3,800 for future treatment costs x 0.8571 for future treatment costs on October 16, 2015 (the number of KRW 3,800 for future treatment costs on October 16, 2015, which is the day following the closing date of argument in the appellate trial in this case), shall be deemed to have been paid for KRW 3,800,00 for future treatment costs, and the amount of KRW 1,497,038 for passive damages amounting to KRW 5% (Evidence A) 2] (The amount of KRW 1,497,038 for active damages amounting to KRW 3,256,60 for daily daily wage of ordinary urban workers during the first half of 2012 x 27 days for operation period x less than February 30/ 30).

B. The Defendant’s liability is limited to 80% in consideration of all the circumstances, such as the content, results, and background of the instant accident.

(c) Consolation money: 3,000,000 won;

3. In conclusion, the Defendant concludes that the Plaintiff’s damages amounting to KRW 10,681,070 (affirmative damages amounting to KRW 4,847,320, KRW 320, KRW 1,497,038) x limitation of liability amounting to KRW 80% 3,00,000, KRW 97,038) x after the date of service of a copy of the complaint of this case sought by the Plaintiff from November 4, 2013 to October 15, 2015, which is the date of this decision, the Defendant’s objection to the Plaintiff from November 15, 2015 to the date of full payment, etc.

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