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1. The Defendant’s KRW 36,390,304 as well as the Plaintiff’s annual rate of KRW 5% from April 29, 2015 to September 21, 2017.
Reasons
1. Facts of recognition;
A. At around 01:30 on December 23, 2014, the Defendant attached a vision on the ground that the Defendant’s vehicle obstructed the front side of the Plaintiff’s daily driving vehicle, and that the Plaintiff’s daily driving is demanding the Defendant to move and change the Defendant’s vehicle.
B. In this process, the Defendant assessed the Plaintiff’s face on one occasion, and due to its shock, the Plaintiff was shocked on the right side of the head, and the Defendant committed assault against the Plaintiff’s inner part of the Plaintiff’s face.
(hereinafter “instant illegal act.” The Plaintiff suffered spawal wave not accompanied by the breath of the upper right breathy, the upper right brealogal hemosis, the right spathal hemal hemal hemal hemal hemal hemal spathy, the right brual hemal hemal hemal hemal hemal spathy, and the spathal hem
[Ground of recognition] Facts without dispute, entries in Gap evidence 3 through 5 (including the serial number), the purport of the whole pleadings
2. Judgment as to the main claim
A. The plaintiff asserts that the defendant agreed to pay 45 million won to the plaintiff in the criminal conciliation procedure as to the illegal act of this case, and that the defendant did not reach a conditional agreement but became null and void.
B. According to each of the records in Gap evidence No. 17, it is recognized that the criminal conciliation procedure entered into an agreement between the plaintiff and the defendant on March 13, 2015 that "the defendant shall pay the plaintiff KRW 45 million up to April 28, 2015, and in the event of non-performance, this agreement shall be null and void" (hereinafter referred to as "the agreement in this case").
On the other hand, in full view of the purport of evidence No. 18-3, the Criminal Conciliation Committee recommended the Plaintiff and the Defendant to pay 45 million won as damages for the illegal act of this case by April 28, 2015, and agreed in this case.