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1. Plaintiff (Counterclaim Plaintiff), Defendant (Counterclaim Plaintiff) C, Defendant C, and Defendant (Counterclaim Plaintiff) were either KRW 16,496,834, and KRW 10,97,889, respectively.
Reasons
A principal lawsuit and a counterclaim shall be deemed simultaneously.
1. Facts of recognition;
A. On September 9, 2017, the Plaintiff and the deceased B (hereinafter referred to as “the Deceased”), together with other club charges around 03:00 on the same day, performed drinking together at the Seoul Dongjak-gu E and the first floor Fingering room, and talked with the Deceased, while under the influence of alcohol, the Deceased, who was fluencing with the Deceased, was fluencing with the Plaintiff, and was flucing with the Plaintiff at once, and 10 minutes of the Plaintiff’s chest’s face, flucing the Plaintiff’s chest, and flucing the Plaintiff with the Plaintiff’s face going beyond the floor, and flucing the Plaintiff with the Plaintiff for approximately seven weeks treatment (hereinafter referred to as “the instant injury”).
B. The Plaintiff brought a criminal action against the Deceased on the ground that he/she was assaulted by the Deceased as described in the above A. A, and sustained the instant injury.
The Deceased was indicted as the Seoul Central District Court 2018 High Order 1400, and was sentenced to a judgment of conviction of KRW 3,000,000 on August 16, 2018. The Deceased was sentenced to a judgment of conviction of two years of suspended execution in January 18, 2019 from the appellate court (Seoul Central District Court 2018No. 2521, No. 2521) pending as the Prosecutor’s appeal. The Deceased was sentenced to a judgment of conviction of two years of suspended execution in January 18, 2019, from the final appeal (Supreme Court Decision 2019Do2628, Mar. 29, 2019). The judgment of the appellate court became final and conclusive as is.
(c)
On the other hand, at the time of the case described in the above paragraph A, the deceased person also brought a criminal complaint against the plaintiff to the effect that he/she suffered bodily injury, such as she was assaulted by the plaintiff on the right side at the time of the case described in the above paragraph A. The prosecutor in charge rendered a disposition of lack of suspicion (Evidence) on March 9, 2018.
(d)
The Deceased died on December 3, 2020, while the instant lawsuit was pending, and his heir was the Defendant C and his child, who is his spouse.
【Unsatisfyal grounds for recognition】Unsatisfy, Gap evidence Nos. 1, 2, 7, 10, 11, 12, Eul evidence Nos. 12, 18 and 19 (including branch numbers, if any), the purport of the whole pleadings
2. Determination of the principal claim