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(영문) 수원지방법원 2017.07.19 2016가단45188
손해배상(기)
Text

1. The Defendant’s KRW 771,460 as well as the Plaintiff’s annual rate from November 27, 2016 to July 19, 2017.

Reasons

1. Facts of recognition;

A. At around 00:15 on Nov. 17, 2015, the Defendant: (a) when the Si expenses were incurred on the front side of the “D store” located in Young-gu, Young-si; (b) on the ground that the part of the Plaintiff’s left face was changed to one another; (c) as a drinking, the Defendant laid down the part of the Plaintiff’s body going beyond one time; and (d) laid down the part of the Plaintiff’s face into one hand, the Defendant laid down the part of the Plaintiff’s face with the inner and inner walls that require approximately eight weeks of treatment to the Plaintiff.

(hereinafter referred to as the "injury of this case")

B. On April 6, 2016, the Defendant was indicted for the above facts of the crime, and was sentenced to a judgment of conviction of one year of suspended execution on April 6, 2016 in the Suwon District Court Decision 2016No2442, which became final and conclusive around that time, even though it appealed as Suwon District Court 2016No242.

C. On March 31, 2016, the Defendant deposited KRW 5 million with the agreed amount of the instant injury, and the Plaintiff received it on April 11, 2016.

[Reasons for Recognition] Facts without dispute, entry of Gap evidence 2 through 4, and 8 (including separate numbers, if any) and the purport of the whole pleadings

2. The Plaintiff’s assertion is liable to pay the Plaintiff damages amounting to KRW 38,290,864 due to the instant injury (i.e., KRW 771,460 from lost income of KRW 377,519,404 from lost income of KRW 77,519,404 - KRW 5 million from deposited money) and damages for delay.

3. Determination

A. According to the above facts of recognition as to the occurrence of liability for damages, the defendant is liable to compensate the plaintiff for all damages caused by the intentional tort committed by assaulting the plaintiff.

The injury of this case was caused by the defendant's intentional act, and the plaintiff was punished as both assaults.

The defendant's liability is not limited because there is no evidence to prove that he or she caused the defendant's assault.

B. 1) According to each description of evidence Nos. 5, 7, and 10 (including, if any, various numbers), the total treatment costs incurred from the instant injury.

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