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(영문) 대구지방법원 2016.06.29 2015나17911
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

1. The parties' assertion

A. The Defendant is obligated to pay a solatium of KRW 1,00,000 to the Plaintiff, as the Plaintiff stated that “The Plaintiff is a child-care center, not for the purpose of punishment of money, but for both children, and that “the Plaintiff is engaged in a self-help business for one another, and is dead by taking part in the damage to the child-care center.”

B. The Defendant did not threat the Plaintiff as above, and the ground floor is considered to mean that no person should undergo a close inspection and rash treatment at a university hospital, and only galute with the mixed-level standard, “Is not to salute any voice.”

2. Determination

A. Even if a civil trial is not bound by the finding of facts in a criminal trial, the fact that a criminal judgment already finalized on the same factual basis is material evidence, and thus, it is difficult to adopt a judgment of facts in a criminal trial in light of other evidence submitted in the civil trial unless there are special circumstances where it is difficult to adopt a judgment of facts in a criminal trial.

(See Supreme Court Decision 97Da24276 delivered on September 30, 1997). B.

In full view of the health care unit, Gap evidence Nos. 1 through 8, Eul evidence Nos. 1 through 1, 2, 9, 10, and 11, and the overall purport of the arguments, Eul, the plaintiff's son (at the time) suffered pictures at D's childcare center around March 27, 2013, around 14:00, and the defendant, the plaintiff, at D's birth center around March 21, 2013, discovered a hospital under medical treatment with D, and "if the defendant, at around 21:00 on March 31, 2013, started to find a child care center, "the child care center is operated for both children, not for the purpose of punishment, but for the child care center, who died of damage to the child care center," and the defendant was convicted of a fine of 300,000 won due to intimidation, which became final and conclusive.

The defendant's above acts.

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