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(영문) 창원지방법원통영지원 2016.02.19 2014가단8195
손해배상(기)
Text

1. The Defendant’s KRW 7,878,240 as well as the Plaintiff’s annual rate of 5% from October 19, 2013 to February 19, 2016, and the following.

Reasons

1. Facts of recognition;

A. From May 1998, the Plaintiff and the Defendant filed a marriage report on June 21, 200 while teaching the Plaintiff from around May 21, 200, and confirmed the intention of divorce on October 1, 2013 at the Changwon District Court’s common branch, and completed the report of divorce on October 7, 2013.

B. On October 19, 2013, at around 00:30, the Defendant: (a) talked with the Plaintiff on the front road located in Tong Young-si, through division of property on the D’s front road; (b) caused injury to the Plaintiff, such as salt, tensions, and malibs, which require the Plaintiff’s treatment for about five weeks, by spreading the Plaintiff’s body’s hand with the Plaintiff’s hand, and breaking the Plaintiff’s body into the bottom by pushing the Plaintiff’s body.

C. The Defendant, due to the instant harmful act, was issued a summary order of KRW 2,00,00 on April 1, 2014 by the Changwon District Court Heading approximately KRW 2014 high-level323, and around that time, the summary order became final and conclusive.

[Judgment of the court below] The ground for recognition is without merit, Gap evidence Nos. 1, 2, and 4, and the ground for appeal

2. Occurrence of and limitation on liability for damages;

A. According to the above fact of recognition of damages liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case.

B. Comprehensively taking account of the developments leading up to the instant harmful act, the circumstances before and after the accident, the Plaintiff’s demand to leave the telecom, etc., the Plaintiff appears to have been partly responsible for the occurrence of the instant harmful act and the expansion of damage, and thus, the Defendant’s liability is limited to 70% in consideration thereof.

3. Except as otherwise provided under the scope of damages, the same item shall be as specified in the separate list of damages calculation, and the period for the convenience of calculation shall, in principle, be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The current price calculation at the time of the accident shall be based on the discount method that deducts interim interest calculated at the rate of 5/12 per month.

In addition, the parties' arguments are not stated separately.

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