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(영문) 서울북부지방법원 2016.10.27 2015가단37228
손해배상(기)
Text

1. The Defendant’s KRW 4,488,490 as well as 5% per annum from April 23, 2015 to October 27, 2016 to the Plaintiff.

Reasons

1. In full view of the purport of the argument as a result of the physical examination of the Plaintiff’s evidence Nos. 1 through 4 and 11 and the Seoul Hospital Head of this court’s physical examination of the Plaintiff, the Defendant, around April 23, 2015, at around 21:10, incurred injury (hereinafter “the injury of this case”) to the Plaintiff, i.e., the Plaintiff 1,908,490 won for treatment expenses incurred from the injury of this case, and 1,580,000 won for treatment expenses incurred in the future, on April 23, 2015.

2. According to the facts of the establishment of the liability for damages, the defendant intentionally committed the injury of the plaintiff when he comes to several times, which constitutes a tort against the plaintiff. The defendant shall be liable for the damages of the plaintiff.

3. Scope of liability for damages

(a) Active damage: 1,908,490 won for medical treatment, and 1,580,000 won for future medical treatment;

B. The defendant argued that the negligence of the plaintiff should be considered as the plaintiff's negligence because the defendant committed the injury in the course of giving a decoration to the plaintiff. However, the defendant's assertion is without merit since it cannot be considered as a legitimate decoration method for the minors smoking the assault.

C. The amount of consolation money shall be KRW 1,000,000, comprehensively taking into account the degree of injury of the instant case and all other relevant circumstances.

Therefore, the Defendant’s 4,488,490 won (i.e., 1,908,490 won for future treatment costs of KRW 1,580,000 for future treatment costs of KRW 1,580,000 for the Plaintiff), and the Defendant’s 5% per annum under the Civil Act from April 23, 2015 to October 27, 2016, which is the date of this judgment, from October 27, 2016.

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