(영문) 부산지방법원 2018.03.20 2016가단21472

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(영문) 부산지방법원 2018.03.20 2016가단21472

손해배상(기)

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1. The Defendant’s KRW 9,705,276 on the Plaintiff’s KRW 5% per annum from December 4, 2014 to March 20, 2018.

Reasons

1. Basic facts

A. On December 4, 2014, the Plaintiff: (a) driven a 50 ton straw, and was passing through a road near the string of the East-ro, the Dong-ro, which is located in the city of the death and death of Busan, and caused the Defendant to drive one ton truck and immediately cut it in the direction of the Plaintiff; (b) parked the vehicle on the side of the road; and (c) committed assault against the Defendant, such as sprinking the Defendant’s sprink, sprinking the Defendant’s face with his head, sprinking the Defendant’s head, making the Defendant’s face, and making it possible for the Plaintiff to take care of the Plaintiff’s eye, face, etc. with drinking. On the contrary, the Defendant inflicted injury, such as the Plaintiff’s eye and face, etc. necessary for treatment for about eight weeks.

B. On August 12, 2015, at the Busan District Court, the Plaintiff was sentenced to one year of suspension of execution in June, and the Defendant was sentenced to two years of suspension of execution in October, respectively, and the above judgment became final and conclusive as it is.

(A) Each entry of Gap evidence Nos. 1 and 10 (including branch numbers; hereinafter the same shall apply) and the purport of the whole pleadings (based on recognition)

2. According to the above facts finding that liability for damages was established, the defendant is liable for compensating the plaintiff for the damages, since he assaulted the plaintiff and inflicted bodily injury, such as know and salke, which require treatment for about eight weeks.

However, in the process of dispute between the plaintiff and the defendant, the plaintiff and the defendant committed assault to the other party, and are partly responsible to the other party for each harmful act of the plaintiff and the defendant, and it is reasonable to view that such act was caused by the occurrence and expansion of damages. Therefore, the defendant's responsibility is limited to 60% in consideration of the developments leading up to the occurrence of the case, the degree and degree of injury, and all other circumstances

3. The period for calculating the scope of liability for damages shall be calculated on a monthly basis in principle.

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