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(영문) 수원지방법원 2017.12.22 2017나5683
손해배상(기)
Text

1. Of the judgment of the court of first instance, KRW 1,430,000 against the Plaintiff and the Plaintiff regarding this, from August 24, 2012 to December 22, 2017.

Reasons

1. Basic facts

가. 피고는 2010. 12. 13. 03:10경 C으로부터 ‘원고로부터 강간을 당할 뻔 하였다’는 전화를 받고 안산시 단원구 D빌딩 4층 E 모텔을 찾아가 위 모텔 복도에서 원고와 시비하던 중, 주먹으로 원고의 얼굴을 1회 때리고, 발로 뒤꿈치를 1회 걷어차 넘어뜨린 후 넘어진 원고의 전신을 발로 4, 5회 걷어찼다.

At around 04:10 on the same day, the defendant continued to attract the plaintiff's timber, and continued to walk the plaintiff's bridge 2,3, and 2,3, and 4:5 times in front of G street in Ansan-si's member F, Ansan-si, and suffered injury, such as a non-fringing the plaintiff's face for about 21 days, considering that the plaintiff's face was 4 and 5.

(hereinafter “instant harmful act”). B.

On May 4, 2011, the Defendant was issued a summary order of KRW 1,50,00,000 by Ansan District Court Branch Decision 201 High Court Branch Decision 201 High Court Decision 4968, and the said summary order was finalized around that time.

[Ground of recognition] A without dispute, entry of Gap evidence 6, purport of whole pleadings

2. The assertion and judgment

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

B. 1) The scope of the Plaintiff’s liability for damages: The Plaintiff asserted that the Plaintiff incurred damages of KRW 1,600,000 due to the instant harmful act for two months, but there is no evidence to deem that the Plaintiff, a minor, was at the time of the instant harmful act, and that the Plaintiff was not hospitalized due to the instant harmful act. Therefore, it is difficult to find that the Plaintiff suffered damages due to the instant harmful act. Accordingly, this part of the Plaintiff’s assertion is without merit.

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