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(영문) 인천지방법원 2016.12.15 2016나8923
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

purport.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On December 14, 2014, the Defendant was convicted of KRW 100,000,000 for a fine as stated in paragraph (1) of the same Article, which became final and conclusive on January 5, 2016 (see, e.g., Supreme Court Decision 201Do2716, Jan. 26, 2016; Supreme Court Decision 201Do2775, Jan. 26, 2016; Supreme Court Decision 201Do2775, Nov. 27, 2016; Supreme Court Decision 2005Do2775, Nov. 26, 2015).

B. The defendant, as a tort, is liable to compensate the plaintiff for damages incurred by the injury of this case.

2. Scope of liability for damages

A. In full view of the purport of the written evidence No. 2, the Plaintiff may be deemed to have spent the sum of KRW 189,700 for the instant injury on December 15, 2014 and December 16, 2014, taking into account the purport of the entire pleadings, and thus, the Defendant is obliged to pay KRW 189,700 to the Plaintiff.

B. The plaintiff is deemed to have suffered mental pain due to the instant injury, and the amount of consolation money shall be 700,000 won by taking into account all the circumstances, such as the motive and circumstance of the assault, the degree of injury suffered by the plaintiff, etc.

C. After the date of tort, the Defendant, as a result, has a considerable dispute over the existence and scope of the Defendant’s obligation to pay from April 30, 2016 to June 22, 2016, the date following the delivery of a copy of the complaint of this case, as sought by the Plaintiff, to the Plaintiff, 5% per annum under the Civil Act, and the next day, shall be repaid.

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