logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2017.06.16 2015가단5355106
손해배상(기)
Text

1. The Defendant’s KRW 7,064,447 as well as 5% per annum from September 9, 2015 to June 16, 2017 to the Plaintiff.

Reasons

1. Occurrence of liability for damages;

A. The plaintiff and the defendant are neighboring companies. At around 09:45 on September 9, 2015, the defendant sent the plaintiff who found the defendant to the outside of the house due to the installation of a fence, and tried to close the entrance door after opening the entrance door, the plaintiff was laid down outside the entrance that prevents the plaintiff from closing the door, and the defendant was able to open the door to the inside, and the plaintiff was able to write down the plaintiff's hand, who was knick outside the entrance, with a percentage of the plaintiff's finger who was knick outside the entrance, and added the plaintiff's chest to the stairs, and caused the plaintiff's injury, such as the mouth of the right mouth, which requires treatment for about six weeks.

(hereinafter “instant accident”). On August 31, 2016, the Defendant was prosecuted for the instant accident, and was sentenced to a fine of KRW 2 million by the judgment of this court No. 2016 High Court (No. 986), and the said judgment became final and conclusive around that time.

[Ground of Recognition] The non-contentious facts, Gap evidence 1 and 3 (including a branch number; hereinafter the same shall apply), Eul evidence 1 and 6, and the result of the commission of each physical examination to the President of the Korea National University affiliated with the Korea National University and Seoul National University Hospital.

B. According to the above facts of recognition of liability, since the plaintiff suffered physical and mental pain due to the defendant's unlawful assault, the defendant is liable to compensate the plaintiff for damages suffered by such unlawful act.

C. Comprehensively taking account of the purport of the entire argument as seen earlier prior to the limitation of liability, the Plaintiff and the Defendant’s wall installation becomes an issue at the time of the instant accident, and the Plaintiff also appeared to have been involved in the accident in the process of putting the Plaintiff out of the door door to shut down. Such circumstances are deemed to have contributed to the occurrence and expansion of damage caused by the instant accident, and thus, the Defendant’s calculation of the amount of damages that

Therefore, the defendant's liability is limited to 90%.

4. Scope of liability for damages

(a) Two-time operating expenses, hospital treatment expenses, and terminal value;

arrow