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(영문) 서울남부지방법원 2017.04.04 2016가단245542
손해배상(기)
Text

1. The Defendant’s KRW 1,166,983 as well as the Plaintiff’s annual rate from November 13, 2015 to April 4, 2017, and the following.

Reasons

1. Facts of recognition;

A. On November 13, 2015, at around 09:35, the Defendant: (a) taken the Plaintiff’s body and the Plaintiff’s body at one time at the time when, in his hands, took the fact that the Plaintiff was the Defendant’s wife E and the sponser relationship; (b) taken the Plaintiff’s body and the Plaintiff’s body, which is a dangerous object that the Plaintiff prepared in advance, carried into the said coffee shop, taken a knife (the total length of 32 cm, the knife length of 20 cm), taken the Plaintiff’s face and body by drinking and launching, took the knife the knife to the Plaintiff into the first floor toilet of the said coffee shop; and (c) took the Plaintiff into the same knife with the knife of the said knife, knife, knife, knife, and knife the Plaintiff’s body and the Plaintiff’s body.

(hereinafter “instant injury”). (b)

At the same time and the same coffee shop, the Defendant: (a) laid down a mobile phone, the owner of the Plaintiff, which was located on the upper knbb, a dangerous object, and damaged the floor so that the amount equivalent to KRW 394,000 of the repair cost by going through the aforementioned mobile phone.

(hereinafter referred to as "damage of this case"). [Ground for recognition: Fact that there is no dispute, entry of evidence No. 1, and purport of the whole pleadings]

2. Occurrence of and limitation on liability for damages;

A. According to the facts of recognition as above, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the injury and damage of the case (hereinafter "the tort of this case").

B. The Defendant’s limitation on liability for damages became aware of the fact that the Plaintiff’s wife and Defendant’s wife were in in infinite relations for a long time, and furthermore, he became aware of the fact that the Plaintiff sent his sexual organ pictures to the Defendant’s wife by Kakakao Stockholm, etc. and divided sexual dialogue, resulting in the instant tort. In light of the above, the Plaintiff’s act constituted the instant tort.

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