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(영문) 인천지방법원 2016.12.01 2016나56373
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. The party's assertion

A. On January 12, 2015, Plaintiff 4,632,214 won for treatment expenses incurred by assault and assault from the Defendant, and suffered mental pain. Therefore, the Defendant is obligated to pay the Plaintiff KRW 8,832,214 (the treatment cost of KRW 4,632,214) as part of property damage and consolation money (the treatment cost of KRW 4,632,20,000).

B. The Defendant is assaulting both the Defendant, and the Defendant is not first responsible for the trial cost.

2. Facts of recognition;

A. At around 14:00 on January 12, 2015, the Plaintiff brought a dispute over parking in front of the D cafeteria located in the Defendant and the Bupyeong-gu Incheon Metropolitan City, Seo-gu.

B. The Defendant satisfing the Plaintiff’s face and chest, and satisfing the Plaintiff’s face with hand, and satisfing the Plaintiff’s face and satisfing to the left-hand shoulder and satisfing to the Plaintiff, which require treatment for about 42 days (hereinafter “the instant injury”). The Plaintiff satfing the Defendant’s batfing, and satfing the body and the satisfing part of the lower bridge that require treatment for about 42 days.

C. On July 16, 2015, the Defendant received a summary order of KRW 1,00,000 as to the instant injury, and became final and conclusive on August 21, 2015 (Seoul District Court Decision 2015 High Court Decision 201Da13344), and the Plaintiff was convicted of KRW 500,000 on November 27, 2015, and became final and conclusive on December 5, 2015.

(In Incheon District Court 2015 High Court 2403) d.

The Plaintiff spent KRW 4,632,214 for the instant injury.

[Recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4, purport of the whole pleadings

3. Determination

A. 1) Since the Defendant suffered active damages to the Plaintiff, barring any special circumstance, the Defendant is obligated to compensate the Plaintiff for damages equivalent to the medical expenses incurred by the Plaintiff, barring any special circumstance. 2) However, in light of the circumstances of the instant injury, the Plaintiff’s mistake appears to have concurrently increased by 40%. Therefore, the Defendant is obligated to compensate the Plaintiff for the damages equivalent to 60% of the medical expenses (4,632,214 x 60% of the medical expenses).

B. The plaintiff is the injury of this case.

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