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(영문) 울산지방법원 2018.07.18 2017나25604
손해배상(기)
Text

1. The part against the plaintiff falling under the following order of payment among the judgment of the court of first instance shall be revoked:

The defendant.

Reasons

1. Occurrence of and limitation on liability for damages;

A. At around 17:40 on July 6, 2016, the Defendant said that the Defendant’s daily conduct of the Defendant was annoyingly defective for the Plaintiff, such as the Plaintiff’s drinking alcohol together to the Defendant’s daily behaviors at the D cafeteria located in Ulsan-gu, Ulsan-gu., Ulsan-gu.

However, as the Plaintiff stated to the Defendant, “Nice,” and flabed the Defendant’s flab, etc., the Defendant dumped the Plaintiff’s flab, and caused the Plaintiff’s face and body by hand and flab, and caused the Plaintiff to suffer approximately eight weeks of treatment (hereinafter “the instant injury”).

B) On April 13, 2017, the Defendant was sentenced to a suspended sentence of 2 months at the Ulsan District Court sentenced to 8 months of imprisonment (the above court 2016Kadan4121), and the above judgment became final and conclusive around that time. [The grounds for recognition] There is no dispute. According to the above facts, according to the above facts, the Defendant committed an illegal act by assaulting the Plaintiff and causing the instant injury (hereinafter “instant illegal act”), and the Defendant is liable to compensate the Plaintiff for damages incurred to the Plaintiff due to such illegal act.

B. Restrictions on liability for damages: Provided, however, in light of the following circumstances acknowledged by comprehensively taking into account the aforementioned facts, and the purport of the entire arguments, namely, the Plaintiff’s right to drink with the Defendant’s daily behaviors, etc., causing the Defendant to commit the instant tort, such as inducing the Plaintiff to commit the instant tort, and the considerable part of the Plaintiff’s damage did not appear to have occurred as a direct pricing act of the Defendant, and the Plaintiff also committed assault against the Defendant, such as breathing the Defendant’s fat, it is reasonable to limit the Defendant’s liability to 60% of the Defendant’s tort.

2. Scope of liability for damages

(a) be active;

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