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1. The Defendants jointly share KRW 8,356,264 with respect to the Plaintiff and KRW 5% per annum from September 29, 2015 to July 12, 2017.
Reasons
1. Occurrence of liability for damages;
A. The facts of recognition (1) around September 29, 2015, the Defendants: (a) around 21:10 on September 29, 2015, went to the Plaintiff as a seat for the table table before “E fishery” located in Jin-si, Jin-si; (b) Defendant B carried the Plaintiff’s arms onto the sand president in the vicinity of “E fishery”; and (c) Defendant C also pushed the Plaintiff in combination with it.
Defendant B got off the Plaintiff’s face to the sand president, followed the Plaintiff’s photographing part by several times. As a result, the Plaintiff suffered injury, such as an abdog, etc. (hereinafter “instant accident”) of an infant requiring treatment for about four weeks.
(2) Defendant B was sentenced to one year of suspended sentence for four months due to the above criminal facts; Defendant C was sentenced to two years of suspended sentence for ten months due to the above criminal facts, driving without a license, driving without a license, forgery of private signature, and the crime of exercising the above criminal facts; and the above judgment became final and conclusive on November 4, 2016.
[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings
B. According to the above facts of recognition, the Defendants, as joint tortfeasor, are liable to compensate the Plaintiff for damages caused by the Defendants’ assault.
C. As seen earlier, as seen earlier, the Plaintiff and the Defendants were seated with tables and were involved in the instant accident in the process of disputing each other. As such, the Defendants’ liability is limited to 80% of the Defendants’ liability by taking account of such circumstances.
2. Scope of damages.
A. Active damages: KRW 9,428,712 (=2,783,112 Won 6,645,600) (1) The fact that the Plaintiff spent KRW 2,783,112 as medical expenses incurred from the instant accident does not conflict between the parties.
(2) According to the evidence adopted prior to the future treatment costs and the statement in Gap evidence No. 9, the plaintiff is suffering from the instant accident.