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(영문) 광주지방법원 2018.01.19 2017나4917
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

Basic Facts

Around 21:00 on February 14, 2016, the Defendant discovered that the spouse of a de facto marriage, who was released by the Defendant, was in front of the D convenience point located in Sinpo City D, and caused the Plaintiff by driving away the Plaintiff who escaped from the Defendant, and caused the Plaintiff’s right knee and bucks to approximately four times, and caused the Plaintiff’s injury, such as the right knee and bucks, which require approximately two weeks of treatment, by breaking down the Plaintiff’s buck.

On March 24, 2017, the Defendant was convicted of a fine of KRW 1,00,000 for the above facts constituting the crime under the jurisdiction of the Gwangju District Court was sentenced to a fine of KRW 201,00,000, and the same year.

4. 1. The above judgment was finalized as it is.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, and 3, and the purport of the whole pleadings by the plaintiff asserted that the plaintiff suffered damages from the defendant, resulting in damage of KRW 171,50,00 for medical expenses, KRW 150,00 for issuing a written diagnosis of injury, KRW 1,320,732 for lost earnings (=94,338 for urban daily wage x KRW 14 days for hospitalization period), KRW 5,00 for consolation money.

Therefore, the defendant is obligated to pay the plaintiff the total amount of damages for the tort, the total amount of KRW 6,642,232, and damages for delay.

Judgment

According to the facts as seen earlier prior to the occurrence of damages liability, the Defendant is obliged to compensate the Plaintiff for the damages caused by the injury caused by the said tort.

According to the evidence and the statements in Gap evidence Nos. 4 and 5 (including paper numbers), the plaintiff paid KRW 171,500,000 in total, KRW 321,500 in the cost of issuing the certificate of injury and the cost of issuing the certificate of injury.

From February 15, 2016 to February 24, 2016, the period during which the Plaintiff was hospitalized, the total of 691,812 won [=91,812 won for urban day wage in 2016 = 94,338 won x 10 days for hospitalization (=i.e., from February 15, 2016 to February 24, 2016) x 22/30 days for operation days).

The consolation money, the background and degree of the occurrence of the injury, and the degree of the injury.

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