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(영문) 대전지방법원 2021.01.28 2020나184
손해배상(기)
Text

Of the judgment of the first instance, the part against the plaintiff equivalent to the amount ordered to be paid additionally under paragraph (2) shall be revoked.

2.

Reasons

1. In the first instance court, the Plaintiff claimed KRW 127,810, including medical expenses, as positive damages, and KRW 4,872,190, such as solatium. The first instance court accepted the claim of KRW 1,00,000, which is a part of positive damages and solatium, and dismissed the remainder of solatium.

Since only the plaintiff appealed against this, the subject of this Court's judgment is limited to the consolation money part which was partially dismissed by the first instance court.

2. The Plaintiff and the Defendant were at work at one workplace, and the Defendant was at work for the Plaintiff on August 13, 2016, and the Plaintiff was at work for the Plaintiff and was at work for the Plaintiff about seven days, thereby causing injury to the Plaintiff, such as a baby of a baby who needs medical treatment. The Defendant was issued a summary order of KRW 700,000 due to the above criminal facts of the Daejeon District Court Decision 2016 High Court Decision 200,000 for the crime of injury No. 1231, and the facts for which the above summary order has become final are recognized by the overall purport of the theory of entry and change in the evidence No. 1 and 3.

According to the above facts of recognition, the defendant suffered loss to the plaintiff by committing an unlawful act against the plaintiff's body, etc., and the defendant is liable to compensate the plaintiff for the loss caused by the tort of this case.

3. According to the overall purport of the theory on stress and mental distress arising from the instant case, the Plaintiff complained against stress and pain, and received medical treatment several times from the end of August 2016, it is reasonable to determine the amount of consolation money as KRW 2,00,000, considering all the circumstances following the instant tort, including the relationship between the Plaintiff and the Defendant, the developments and the injury, the part and degree of injury, and the circumstances after the instant tort.

Therefore, the Defendant is liable to compensate the Plaintiff for damages arising from the tort (i.e., 127,810 consolation money of KRW 2,00,000,000, such as medical expenses) and as to KRW 1,127,810, which is the cited amount in the first instance trial, the Defendant is the tort of this case.

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