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(영문) 대구지방법원 2016.12.20 2016가단9688
손해배상(기)
Text

1. The Defendant: KRW 19,221,112 to the Plaintiff, as well as 5% per annum from August 10, 2014 to December 20, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) On August 10, 2014, the Defendant, who was living together with the Plaintiff, assaulted the Plaintiff by discovering and making a text message received by the Plaintiff with his male her male ties, and committing assaulting the Plaintiff for approximately six weeks of treatment of the Plaintiff, thereby causing injury to the Plaintiff, such as inside the inner section of the inner section, the left 2 balance, and the joint 4 balance of the knife, and causing death and death of the Plaintiff (hereinafter referred to as “instant accident”). As such, the Defendant threatened the Plaintiff (hereinafter referred to as “instant accident”).

(2) The Defendant was indicted as a crime of the instant accident in violation of the Punishment of Violences, etc. Act (a collective weapon, etc.) due to the instant accident, and was sentenced to imprisonment with prison labor on January 14, 2015, and one year and six months on the grounds that the Defendant violated the Punishment of Violences, etc. Act (a collective weapon, etc.).

On May 21, 2015, the Defendant appealed the above judgment, and was sentenced to one year of imprisonment with prison labor as Busan District Court 2015No360, and the appeal was made but the dismissal of the appeal was decided by Supreme Court Decision 2015Do8591 Decided July 17, 2015.

[Ground of recognition] without any dispute, Gap evidence 1-1, 2, 2-2, 5-1, 2, 6-1, 13-8, 13-1, 8-2

B. According to the facts of recognition of tort liability, the defendant's act of threatening and threatening the plaintiff and harming the plaintiff in the process constitutes a tort against the plaintiff, and thus, the defendant is liable to compensate the plaintiff for damages caused by the above tort.

2. Scope of damages.

(a)For the convenience of calculating property damage, calculation of the period shall be made on a monthly basis, and less than a month shall be included in the side on which the appraised value is less than the month, and an amount less than the last month and less than a won shall be discarded, respectively, and the present price calculation at the time of the instant accident shall be in accordance with the simple discount method which deducts intermediary interest at the rate of 5/12 per month.

1. The actual income of the Plaintiff suffered from the accident in this case.

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