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(영문) 수원지방법원안양지원 2016.06.24 2015가단112496
손해배상(기)
Text

1. The Defendants jointly share the amount of KRW 4,273,470 to Plaintiff A, KRW 4,303,520 to Plaintiff B, and each of the above amounts.

Reasons

1. Occurrence of liability for damages;

A. On January 1, 2015, at the first floor club of the H building located in Ansan-si, A around 02:00, the Defendants jointly carried the Plaintiff’s scam from the entrance of the club without any reason, and Defendant C, F, D, and E continue to take the Plaintiff’s scam out of the entrance of the club, Defendant C was scambling the Plaintiff’s ebbbage, and scam into the face; Defendant D was scam back the Plaintiff’s left hand; Defendant D was found to have CCTV installed in the above location; Defendant D was found to have CCTV, followed the Plaintiff’s face and body by drinking and scam, and the Plaintiff’s chest was scambling with the Plaintiff’s chest (hereinafter “instant case”).

(2) On September 24, 2015, the Defendant C, D, and F were prosecuted for the above facts constituting an offense of violation of the Punishment of Violences, etc. Act (Seoul District Court Decision 2015Da1348). On January 28, 2016, the said court recognized the establishment of the crime of violation of the Punishment of Violences, etc. Act (joint injury) against the said Defendants, and sentenced each fine of KRW 5 million to the said Defendants, and the said judgment became final and conclusive as is.

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

B. 1) According to the above facts of recognition, the defendants jointly are liable to compensate the plaintiffs for damages caused by the assault of this case. 2) As to this, the defendant F asserted that himself only made the act of assault of this case by the defendant C, D, and E, and that there was no assault against the plaintiffs. However, it is not bound by the facts recognized in a criminal trial in a civil trial, but it is recognized in the judgment of related criminal case that has already been convicted.

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