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(영문) 부산지방법원동부지원 2016.05.03 2015가단6212
손해배상(기)
Text

1. The Defendant’s KRW 5,472,745 with respect to the Plaintiff and KRW 5% per annum from September 14, 2014 to May 3, 2016, and the next day.

Reasons

1. The parties' assertion

A. The Plaintiff asserted that the Plaintiff was assaulted by the Defendant on September 14, 2014, and thus, the Plaintiff claimed 22,678,339 won and damages for delay arising from the tort.

① Actual income: KRW 1,89,082 [=Urban daily wage of KRW 86,686] 】 (8 days of hospitalization from September 14, 2014 to August 22, 2014) 】 The Plaintiff appears to have made a mistake in the Plaintiff’s calculation, and the Plaintiff is seeking 693,488 won (=86,686 won x 8 days) from the Plaintiff’s written brief prepared as of February 19, 2016 to the lost income.] ② Walking treatment expenses: KRW 779,257: KRW 20,000: KRW 22,678,339 (= ②)

B. The defendant's assertion that the defendant did not unilaterally assault the plaintiff, but occurred in the course of violence with the plaintiff's behaviors, and thus, the part of the plaintiff's claim for consolation money cannot be accepted and the responsibility should be limited.

2. In full view of each of the statements and the whole purport of the arguments in Gap's evidence Nos. 1 through 13 (including each number), the defendant was found to have been aware that, on September 14, 2014, the plaintiff was slicking with the plaintiff's daily behaviors on the ground that it was slicking with the plaintiff's daily behaviors on the ground that it was slicking with the plaintiff's daily behaviors, and that the plaintiff was slicking with the plaintiff by taking a face for about three weeks, thereby causing injury to the plaintiff, so the defendant is liable to compensate the plaintiff for damages caused by violence

Furthermore, the scope of damages is examined as follows: (a) there is no dispute between the parties as to the scope of damages; and (b) it is reasonable to view the consolation money as KRW 4,00,000 for the following reasons; and (c) the Defendant is liable to pay damages to the Plaintiff KRW 5,472,745 ( = 1).

① Loss from lost income: 693,488 won (i.e., urban wage 86,686 won x 8 days): 779,257 won: 4,00,000 won - Defendant’s exercise of violence first while working for the Plaintiff, etc.

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