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(영문) 수원지방법원안산지원 2014.12.31 2014가단100580
손해배상(기)
Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from October 20, 201 to December 31, 2014 to the Plaintiff.

Reasons

1. Basic facts

A. At around 01:40 on October 20, 201, the Plaintiff and the Defendant asserted the issue of singinging the Plaintiff in the DNA room operated by the Defendant, a member of Ansan-si, a member of Ansan-si, assaulted the Defendant during the dispute between the Plaintiff and the Defendant, and the Defendant’s son E, who appeared so far as the Plaintiff’s face was left away from drinking and plastic, and the Defendant committed a joint assault, such as attaching the Plaintiff’s arms in the process of the Plaintiff at the time of the Plaintiff.

(hereinafter “instant accident”). As a result, the Plaintiff suffered injury, such as the mouth dystroke, etc. (hereinafter “instant injury”) that requires approximately 85 days’ medical treatment.

B. After the instant accident occurred, the Defendant paid KRW 15 million to the Plaintiff during the investigation process from October 20, 201 to November 6, 201, which is the date of the instant accident.

C. In relation to the instant accident, the Plaintiff and the Defendant were subject to a disposition of suspension of indictment on November 23, 201 by each prosecutor’s office, and the Defendant’s children E was subject to a fine of KRW 3 million as the Suwon District Court’s Ansan Branch Decision 201 High Court Decision 201Da14774.

[Ground of recognition] Facts without dispute, Gap evidence 3-2, Eul evidence 4, each entry of Gap evidence 9-13, witness F's testimony and the purport of whole pleadings

2. Determination as to the cause of claim

A. 1) According to the above facts of recognition, the defendant assaulted the defendant first while the plaintiff, who is one's own child, and the plaintiff suffered the injury of this case. As such, the defendant jointly with the plaintiff, who committed a tort, is liable to compensate the plaintiff for the damages caused by the injury of this case. 2) As seen earlier than the limitation of liability, the injury of this case was committed by the plaintiff and the defendant in relation to the singinging problem, while the plaintiff and the defendant were in dispute with the plaintiff, they assaulted the defendant first, and the defendant's son who is the defendant's child assaulted the plaintiff.

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