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(영문) 수원지방법원성남지원 2014.02.06 2012가단24766
손해배상(기)
Text

1. The Defendant: 15,482,916 won to the Plaintiff and 5% per annum from May 21, 201 to February 6, 2014.

Reasons

1. Occurrence of liability for damages;

A. A. The facts of recognition (1) around 00:10 on May 20, 201, the Defendant: (a) carried the Plaintiff’s cushion to the Plaintiff on the ground that the Plaintiff, who was a son of E while drinking alcohol together with Nonparty E, F, etc. in Seongbuk-gu, Sungnam-si, Sungnam-si, was suffering from injury, such as the Plaintiff’s right shoulder, spawning, left the right shoulder, and ice flabing the Plaintiff’s right shoulder, and caused the Plaintiff to go up with the Plaintiff’s right shoulder.

(2) On January 4, 2012, the Defendant issued a summary order of KRW 5,00,000 as an injury to the instant accident, and around that time, the said summary order became final and conclusive.

[Ground of recognition] In the absence of dispute, Gap evidence 2-2, Gap evidence 4, Gap evidence 5-2 through 4, the result of the commission of physical examination to the chief of the branch hospital of this court, the result of fact inquiry about the hospital of the branch hospital of this court, Gneary, and rehabilitation medical clinic, and the purport of the whole pleadings.

B. (1) According to the above facts of recognition, the defendant is liable as a tortfeasor for all damages incurred by the plaintiff due to the accident in this case.

(2) In regard to this, the Defendant asserts that the Plaintiff’s right revolving rupture was not caused by the instant accident. However, the instant accident was an accident that directly assessed the Plaintiff’s right shoulder by iceing the Defendant. After the instant accident, the Plaintiff continued to receive treatment with a shoulder pain. On June 7, 2011, the Plaintiff observed the extreme part-time rupture among the right revolving ruptures at H Hospital on July 28, 2011, as a result of the instant rupture test at HI Hospital to observe the rupture of the extreme part-time rupture and the part part-time rupture of the rupture of the extreme part-time rupture among the front part-time ruptures, and around August 5, 2011 through MRI examination at H Hospital Hospital on July 28, 201.

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