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(영문) 대전지방법원 2016.01.13 2014가합3553
채무부존재확인
Text

1. The plaintiff's claim is dismissed.

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

Reasons

On April 27, 2013, around 01:30, the Plaintiff assaulted the Defendant by walking the Defendant’s bridge and walking it over to the 40-40 modern home distribution center of Daejeon Seo-gu, Daejeon. The Plaintiff’s home delivery of the Plaintiff’s home delivery at the 40-40 modern home distribution center, the Defendant, who is an employee of the said logistics center, was in dispute with the Defendant without permission.

(hereinafter “instant act of assault.” On October 17, 2013, the Plaintiff was issued a summary order of KRW 3 million on the grounds that the Defendant was injured due to the instant act of assault by the Gwangju District Court Decision 2013 High Court Decision 2013 High Court Decision 201Da13467, and the said summary order became final and conclusive.

[Reasons for Recognition] Facts without dispute, Eul's statement No. 1, and the purport of the whole argument by the plaintiff's defendant's assertion that there is no causal relation with the act of assault in this case, the defendant's injury to knee in the right side of the defendant's assertion is caused by the act of assault in this case.

Therefore, there is no liability for damages caused by the Plaintiff’s act of assault in this case.

Inasmuch as the Plaintiff also sustained an injury due to the Defendant’s act of assault, the Plaintiff’s damage claim against the Defendant and the Defendant’s damage claim against the Defendant due to such act of assault does not exist if set off the Plaintiff’s damage claim against the Defendant.

The defendant suffered from the defendant's act of assault in this case's bodily injury, such as kne kne-fe-feng, etc., so the plaintiff is liable to compensate the defendant for damages

Judgment

The basic facts that recognized prior to the existence of the causal link with the instant assault act are stated as Gap evidence Nos. 3, Eul evidence Nos. 1, 3, and 4 (including serial numbers; hereinafter the same shall apply), and the result of this court’s reply to the submission of documents to the head of Daejeon Regional Headquarters of the National Health Insurance Corporation.

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