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(영문) 서울남부지방법원 2020.04.09 2019나635
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Plaintiff corresponding to the following additional payment order shall be revoked.

Reasons

1. In the first instance trial, the Plaintiff claimed compensation of KRW 4,602,535, in total, for active damages (prehion treatment costs) incurred by the Defendant’s tort, KRW 1,185,050, KRW 417,485, and KRW 3,00,000, KRW 3,600, and KRW 535.

The court of first instance ruled that the amount of active damages shall be KRW 1,185,050, the amount of passive damages shall be KRW 417,485, the amount of damages shall be KRW 1,397,465, and the amount of consolation money shall be KRW 3,00,000 (= KRW 1,185,050, KRW 417,485, KRW 1,397,465) and damages for delay shall be paid to the defendant.

Accordingly, the plaintiff appealed to the purport that the consolation money should be recognized as KRW 3,000,000, in response to the claim for consolation money.

Therefore, the part of the plaintiff's claim for affirmative and passive damages against the defendant does not fall under the scope of the judgment of this court, and the subject of the judgment of this court is limited to the claim for consolation money against the defendant.

2. Basic facts

A. At around 23:40 on December 21, 2017, the Defendant tried to leave the scene with C by taking the Plaintiff’s face at hand, taking the Plaintiff’s day-to-day F into consideration, and allowing F to cut off the floor and use it on the floor.

Accordingly, the plaintiff reported to the police, "The plaintiff reported to the police," and the defendant took the plaintiff's head debt by hand, and made the plaintiff's face one time in drinking.

Accordingly, the Defendant suffered injury to the Plaintiff, such as double damage requiring approximately three weeks of treatment.

(hereinafter the Defendant’s above acts against the Plaintiff (hereinafter “instant tort”). B.

On June 27, 2018, the Defendant filed a summary order with the instant tort, etc., and received a summary order of KRW 4 million (Seoul Central District Court 2018 High Court 2018 High Court 9195). This summary order became final and conclusive as it is.

[Grounds for recognition] Each entry and pleading of Gap evidence Nos. 1 and 2 (including each number, if any).

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