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(영문) 서울동부지방법원 2016.05.13 2015나7024
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid in addition to the following shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. On October 31, 2014, the defendant, around 00:30 on October 31, 2014, issued a summary order of KRW 2,00,000 on the above criminal facts, on which the defendant was issued a fine of KRW 2,00,00 on January 23, 2015, on the following grounds: (a) on the ground that the key of the motor vehicle was changed and the motor vehicle was disputed at the underground parking lot in front of Seo-gu Incheon, Seo-gu, Incheon, Incheon, and the part of the plaintiff's chest was cut back by drinking; (b) the plaintiff, who was receiving a substitute driving fee, was fluoring the part of the defendant's clothes at one time, in his/her own hand, and was fluored up to the upper part of the plaintiff's left shoulder, and (c) the above summary order became final and conclusive at that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for property and mental damages arising from the above illegal acts.

2. Scope of damages.

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 3, 4, and 5, the Plaintiff paid KRW 235,490 for medical expenses when the Plaintiff received hospitalized treatment at a Tolndong International Egym Hospital from October 31, 2014 to November 3, 2014, and the unit price of daily wages of an urban ordinary worker during the above period can be acknowledged as constituting 86,686.

The Plaintiff’s property damage is the sum of KRW 235,490, and KRW 346,744 (=86,686 x 4 days) of the above medical expenses (82,234).

B. The following circumstances, which can be acknowledged by comprehensively taking account of the facts admitted as negligence set-off and the purport of the entire evidence revealed earlier, namely, the Defendant started assaulting the Plaintiff in advance under the influence of alcohol, and the Plaintiff committed assaulting the Defendant’s parts of the clothes in the circumstance where a dispute is raised with the commission of acting driving by the Defendant, which led the Defendant to breaking the Plaintiff’s shoulder part over the miscellaneous bottom by hand, and the injury suffered by the Plaintiff is so.

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