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(영문) 전주지방법원군산지원 2020.06.09 2019가단5432
손해배상(기)
Text

1. The Defendant’s KRW 16,053,314 for the Plaintiff and KRW 5% per annum from June 27, 2018 to June 9, 2020.

Reasons

1. Facts of recognition;

A. On June 27, 2018, at around 06:00, the Defendant sought to murder the Plaintiff’s left upper part of the upper part of the upper part of the upper part of the E Manpower Office located in Sinsan-si (hereinafter “instant injury”) and brought about an open injury, etc. on the part of the Plaintiff by using Masan, which requires three-day medical treatment, due to the Plaintiff’s use of Masan, during which the Plaintiff was suffering from an open injury, etc., of the snow pool and snow room in need of three-day medical treatment. In that process, the Defendant intending to murder the Plaintiff’s upper part of the upper part of the upper part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the lower part of the judgment. In so doing, the Plaintiff suffered injury, etc.

B. According to the above criminal facts, the Plaintiff was sentenced to a fine of two million won after being sentenced to summary indictment for the crime of bodily injury. The Defendant was detained for the crime of attempted murder and sentenced to a conviction of five years of imprisonment for the crime of attempted murder, and is still under confinement in prison.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 1, the purport of the whole pleadings

2. Determination

A. The issue of liability for damages

1. According to the facts found in the facts of recognition, the defendant is liable to compensate the plaintiff for the damages caused by the tort committed against the plaintiff as a deadly weapon, as the defendant committed a tort resulting in the injury of this case against the plaintiff.

B. Restriction of liability for damages

1. The defendant's liability is limited to 70% by taking into account the circumstances revealed in the argument of this case, such as the developments leading up to the injury of this case recognized in the facts of recognition, namely, the fact that the plaintiff first contested with the defendant and inflicted an open injury to the defendant for three weeks of treatment by using the friendly acid, and all the circumstances revealed in the argument of this case.

C. According to the evidence evidence Nos. 2 through 5, and 8 within the scope of liability for damages, the Plaintiff received hospitalization and outpatient treatment due to the instant injury, and paid KRW 7,792,232 at the hospital expense, and KRW 76,000 at the medicine expense.

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