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(영문) 인천지방법원 2019.03.29 2018나56490
손해배상(기) 등
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Facts of recognition;

A. On January 13, 2017, the Defendant: (a) committed an injury, such as the loss of hair, etc., which requires approximately three weeks of medical treatment on the part of the Plaintiff and Si expenses, by putting the Plaintiff’s head debt from the workplace in the first floor of D Factory, Inc., Ltd., Ltd. (hereinafter “the instant injury”).

B. The Defendant was indicted as the foregoing facts charged, and the summary order of KRW 1,000,000 was finalized on March 17, 2017.

C. Meanwhile, in the process of the above dispute, the Plaintiff was indicted on the charge that he assaulted the Defendant and suffered injury to the Defendant, such as satisfying satisfying, which requires treatment for about two weeks, and the Plaintiff filed an application for formal trial. On June 15, 2017, the judgment of conviction of KRW 300,000 was rendered, and became final and conclusive as it is.

[Ground of recognition] Facts without dispute, Gap evidence 1, 8, 9 (including a provisional number; hereinafter the same shall apply), Eul evidence 1 to 6, the purport of the whole pleadings

2. According to the above facts of recognition as to the occurrence of damages liability, since the defendant sustained the injury of this case against the plaintiff, the defendant is liable to compensate for the damages suffered by the plaintiff.

3. Scope of damages.

A. According to the evidence evidence evidence Nos. 1, 3, 10, and 11 of active damage (treatment cost) it is recognized that the Plaintiff spent total of KRW 2,985,496, including the hospitalization cost.

The plaintiff asserts that there was a doctor's opinion that the cost of transplant surgery would be incurred in KRW 3,00,000 due to a severe salves, and also claims the payment of the above cost. However, this part of the claim is not accepted as there is no evidence to acknowledge it.

B. The Plaintiff’s passive damage (actual income) from January 13, 2017 to the same year.

2. Since the Plaintiff was hospitalized for 26 days until July, 200, the Plaintiff’s lost income resulting from the instant injury is KRW 1,893,652.

The Plaintiff asserts that the lost income is KRW 2,360,085, but this is for the period from September 201 to November 3, 2017, when the injury in this case occurred.

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