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(영문) 수원지방법원 2020.10.21 2020나61553
손해배상(기)
Text

The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

purport.

Reasons

1. Determination as to the cause of claim

A. Plaintiff’s assertion 1) The Plaintiff suffered injury equivalent to three weeks prior to the Defendant’s assault. As a result, the Plaintiff incurred losses of KRW 685,980, and KRW 200,00 for weather expenses and other expenses, including transportation expenses, and KRW 1,885,890 for expected medical expenses in the future. Furthermore, the Plaintiff had no choice but to suspend the automobile maintenance business for three weeks due to the above injury, and the period of suspension of business would have led to more than one month due to the aftermathing. As such, the Plaintiff suffered damages of KRW 8,400,00 ( KRW 42 days x 200,00) for seven weeks, since the period of suspension of business due to the aftermathing was anticipated to lead to more than one month. Accordingly, the Defendant is liable to compensate the Plaintiff for the said damages. Accordingly, the Plaintiff leased the automobile maintenance business from the Defendant by leasing the automobile with the general steel structure and the steel structure, which did not fall from the Defendant’s interior goods.

The remaining part of the Plaintiff is not enough to carry on the automobile maintenance business, and the lease contract was terminated, thereby causing damages to KRW 3,700,000, such as physical expenses, brokerage expenses, etc. in other places for the automobile maintenance business, and thus, the Defendant is liable to compensate the Plaintiff.

3) Considering the Plaintiff’s mental shock caused by the above injury, loss of expected profit due to the suspension of operation of the automobile maintenance business, and insult, the Defendant is obligated to compensate the Plaintiff for consolation money of KRW 3 million. However, if the purport of the entire pleadings is added to each of the statements in the evidence Nos. 3 and 4, the Plaintiff is recognized as having suffered injury from the Defendant on April 17, 2019 due to an assault by the Defendant, and thus, the scope of compensation for damages is examined as to the scope of compensation for damages.

According to Gap evidence No. 5, the records are as follows.

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