(영문) 의정부지방법원고양지원 2020.01.15 2019가단73747

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(영문) 의정부지방법원고양지원 2020.01.15 2019가단73747

손해배상(기)

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1. The defendant shall pay to the plaintiff KRW 22,542,662 and interest rate of KRW 12% per annum from January 15, 2020 to the day of complete payment.

Reasons

1. Facts of recognition;

A. At around 21:50 on November 23, 2017, the Defendant found at the Plaintiff’s domicile located in Pakistan-si C apartment, and D, thereby having a verbal dispute with the Plaintiff’s husband.

In this sense, the plaintiff's left hand fluoral part of the plaintiff's hand fluoral part of the plaintiff's hand fluoral part of the plaintiff's hand fluoral part of the plaintiff's hand fluoral part of the plaintiff's hand fluoral part of the plaintiff's hand fla

(hereinafter “instant harmful act”). B.

In relation to the instant harmful act, the Defendant was prosecuted for the crime of injury, etc., and on December 20, 2018, in the case No. 2018 Godan1281, the Jung-gu District Court of the Republic of Korea sentenced the Defendant to a suspended sentence of two years, etc. on June, 2018. The above judgment became final and conclusive on December 28, 2018.

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 4 and the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant was injured by the plaintiff, and thus, he is obligated to compensate the plaintiff for the damages suffered by the plaintiff.

B. The Defendant’s claim that there was the Plaintiff’s error in the occurrence of the instant harmful act, such as intervention of the Plaintiff in the dispute between the Defendant and the Plaintiff’s husband. However, according to the overall purport of the statement and pleading, the Defendant may recognize the fact that the Defendant had unilaterally exercised violence against the Plaintiff, i.e., the Plaintiff’s horse or dispute between the Plaintiff and the husband

Therefore, it does not limit the defendant's liability.

3. The following facts may be acknowledged either in dispute between the parties or in full view of the purport of all pleadings as a result of physical examination commissioned to the president of the E Hospital of this court:

In principle, the period of the convenience of the calculation shall be calculated on a monthly basis, and the amount of less than KRW shall be discarded.

The current value of the damages at the time of the accident shall be calculated at the rate of 5/12 per month.

유사 판례

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