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(영문) 제주지방법원 2017.12.08 2014가단43143
손해배상(기)
Text

1. The Defendant’s KRW 54,297,845 as well as the Plaintiff’s annual rate from May 1, 2014 to December 8, 2017.

Reasons

Facts of recognition

A. At around 19:30 on May 1, 2014, the Defendant: (a) reported that the Defendant’s employees and the Plaintiff’s employees together carried out the Defendant’s club staff E and Si expenses; and (b) carried out the Plaintiff’s flab with the Defendant’s club staff E and Si expenses; and (c) led the Defendant’s hand to the stairs of the first floor of the Plaintiff’s flab; (d) caused the Plaintiff’s flab and flabing the Defendant’s hand to the Defendant’s flab; and (e) caused the Plaintiff’s hand to go beyond the floor.

(hereinafter “instant assault.” As a result, the Defendant caused the Plaintiff to face stairs, and caused the Plaintiff to suffer from the mouths, and caused the Plaintiff to suffer from the mouths of the mouths requiring five weeks’ medical treatment.

B. The Defendant received a summary order for the crime of injury as stated in the above paragraph (a), and the Defendant filed a request for formal trial ( Jeju District Court 2014 High Court 664), and was sentenced to a fine of 2.5 million won from the above court on November 7, 2014. The Defendant appealed ( Jeju District Court 2014No596), but was finally affirmed upon the dismissal of the appeal.

[Ground of Recognition] Facts without dispute, Gap evidence Nos. 1 and 6 (including virtual numbers; hereinafter the same shall apply), the purport of the whole pleadings and the limitation on liability for damages

A. According to the above facts of recognition, the defendant is responsible for compensating the plaintiff for damages arising from the assault of this case.

B. However, in full view of the following circumstances, which are acknowledged by comprehensively considering the aforementioned evidence, Eul evidence Nos. 3 through 7 and the purport of the entire arguments, namely, the Plaintiff’s club fees, the Defendant, and the Defendant’s club fees together with the Defendant, and caused the Plaintiff to win the Plaintiff’s flag because the Plaintiff was faced with the Defendant’s club fee, such as the Plaintiff’s interview with E and the taging of the Plaintiff during the process of coming from the restaurant after drinking alcohol, etc., and the Defendant, E club fees, caused the Plaintiff to commit the instant assault, etc., the Plaintiff’s negligence is also deemed to have caused damages caused by the instant assault, etc., taking into account such circumstances.

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