1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

[Claim]

1. Basic facts

A. On August 22, 2016, at around 17:30, the Defendant abused the Plaintiff on the front side of the “C” operated by the Defendant, due to the Plaintiff’s neglect of dumbane, etc., and caused injury to the Plaintiff, such as cage cages, fages, etc., which require approximately five weeks of treatment to the Plaintiff.

(hereinafter “instant injury”). B.

On December 27, 2016, the Defendant was indicted for an injury as the Heading Office of Chuncheon District Court 2016Ma410, and was sentenced to a judgment of one year of suspended execution on August 16, 2017, and the said judgment was finalized on August 24, 2017.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 4 (Evidence with a branch number includes a branch number; hereinafter the same shall apply), the purport of the whole pleadings

2. According to the above fact of recognition of damages liability, the defendant is liable to compensate the plaintiff for damages caused by the injury of this case pursuant to Article 750 of the Civil Act.

In this regard, the defendant asserts that the defendant's liability for damages caused by the act of injury in this case does not occur, since the defendant only committed defense against the plaintiff's attack during the trial of the plaintiff.

However, even though it is not bound by the facts established in a criminal trial in a civil trial, it shall be deemed that the facts established in the judgment in the already established related criminal case shall be a decent evidence unless there are special circumstances (see, e.g., Supreme Court Decision 91Da37690, May 22, 1992). The facts that the defendant was convicted of the injury of the plaintiff and the judgment became final and conclusive are as follows: (a) considering the circumstances surrounding the act of injury of this case and the details and degree of the injury suffered by the plaintiff due to the act of injury of this case, it shall not be deemed that the act of this case constitutes a passive defensive defense. Accordingly, this part of the defendant's assertion is without merit.

3. Scope of liability for damages

A. The plaintiff filed a claim.