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(영문) 서울북부지방법원 2016.01.12 2015나5604
손해배상
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On May 16, 2013, at around 22:00, the Defendant, while under the influence of alcohol by the Plaintiff on the grounds that the Plaintiff slandered himself/herself and removed his/her intermittent area, committed assault, such as: (a) finding the Plaintiff as the Seoul Special Metropolitan City, Nowon-gu, 210 Dong 401, the Plaintiff’s home, and breaking the Plaintiff’s face while taking a bath; and (b) selling the Plaintiff’s face once for drinking (hereinafter “the instant assault”); and (c) put the Plaintiff on the stop, stoke, and stokes in need of treatment for up to 14 days.

B. The Defendant was issued a summary order on the above facts constituting the crime, but filed an application for formal trial with the Seoul Northern District Court 2013 High Court 201Da1929, and was sentenced to a fine of KRW 1.5 million on November 21, 2013. The Defendant’s appeal and final appeal were all dismissed, and the judgment on June 12, 2014 became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence 1-1, Gap evidence 4, Eul evidence 1-2, Eul evidence 1-2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The plaintiff's alleged assault in this case suffered losses of KRW 1.2 million for medical expenses and KRW 4 million for future treatment expenses. At the time of the assault in this case, the plaintiff earned income of KRW 200,000 per day with expertise in the work of tree cells, etc., but due to the assault in this case, the plaintiff suffered losses equivalent to KRW 4 million for lost income. Thus, the defendant is obligated to pay to the plaintiff a sum of KRW 9.2 million for damages (the treatment expenses + KRW 1.2 million + the treatment expenses of KRW 4 million + the lost income of KRW 4 million) and damages for delay.

B. (1) According to the records of the medical expenses of KRW 1.2 million and the medical expenses of KRW 4 million in future medical expenses of KRW 1.2, and evidence No. 1-2 and evidence No. 2, the Plaintiff’s oral condition of the Plaintiff at a dental hospital on October 17, 2013 is currently the right-hand area, but if the Plaintiff’s right-hand area is lost, it is the most appropriate treatment method to hold the left-hand and the left-hand box in the case of loss of the Plaintiff’s right-hand area. The expected medical expenses are KRW 4 million.

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