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(영문) 수원지방법원안양지원 2014.12.17 2013가단18118
손해배상(기)
Text

1. The Defendant: (a) KRW 12,141,150 for the Plaintiff and KRW 5% per annum from December 30, 2012 to December 17, 2014; and (b) the Plaintiff.

Reasons

1. Basic facts

A. The Defendant had worked as the Plaintiff’s workplace superior.

B. On December 30, 2012, around 15:30 on December 30, 2012, the Defendant: (a) took the Plaintiff’s face and body due to drinking and salivation on the ground that the Defendant went out of the corridor of the D 1st floor D located in Yacheon-gu, Yacheon-si C without properly implementing the work the Plaintiff brought; and (b) took place.

(hereinafter “instant accident”).

C. Due to the instant accident, the Plaintiff sustained injury, such as a stoke, which requires approximately four weeks of medical treatment. D.

In relation to the instant accident, the Defendant was issued a summary order of KRW 2 million with Seoul Northern District Court Decision 2013 High Court Decision 201Da1081, and the order became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap 1 and 2 evidence, result of verification of multimedia data submitted by plaintiff to plaintiff by this court, purport of the whole pleadings

2. According to the above facts finding that liability for damages occurred, the plaintiff suffered injury due to the defendant's assault, and thus, the defendant is liable to compensate for the damages suffered by the plaintiff due to the accident in this case.

In regard to this, the Defendant alleged that the Plaintiff committed an assault by exercising force against the Defendant, etc., and the Plaintiff committed an act of causing an assault by inducing the Defendant, etc., and that such mistake should be taken into consideration in determining the scope of the Defendant’s responsibility, since it provided the cause of occurrence and expansion of damages. However, according to the result of the verification of multimedia materials by this court, it is not sufficient to recognize the Defendant’s assertion that the Plaintiff unilaterally assaulted the Defendant, and that the Plaintiff committed an assault by making the Plaintiff’s statement in

Other evidence Nos. 2, 3, and 4 are not sufficient to admit the defendant's assertion that the plaintiff has caused the defendant's assault. Therefore, the defendant's claim on the limitation of liability is rejected.

3. Scope of liability for damages

(a) Wrons treatment costs: 1,425,250 won (based on recognition);

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