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(영문) 울산지방법원 2017.02.14 2015가단25128
손해배상(기)
Text

1. The Defendant’s KRW 1,215,190 as well as the Plaintiff’s annual rate from May 28, 2016 to February 14, 2017.

Reasons

1. Occurrence of liability for damages;

A. On April 17, 2015, the Plaintiff: (a) on April 17, 2015, at the D hotel clubs located in Ulsan-gu, Ulsan-gu, U.S. (hereinafter “instant dispute”). Around 01:15, the Plaintiff carried out a physical fighting with Defendant D’s daily activities and Si reserve (hereinafter “instant dispute”).

2) As a result of the instant dispute, the Plaintiff suffered injury, such as the sofashion of the left-hand side of the upper class and the sofashion of the steel paper, and the sofashion of the steel paper, which require approximately four weeks of treatment.

3) Following the instant dispute, the Plaintiff received a summary order of KRW 1 million with respect to the crime of assault, and KRW 2 million with respect to the crime of assault, and KRW 4 million with respect to the above summary order, the Plaintiff filed a request for formal trial with this court as the court order 2015Da1280, and the prosecutor revoked the prosecution following the Defendant’s non-existence of punishment and received a decision to dismiss the public prosecution.

[Reasons for Recognition] Uncontentious Facts, Gap evidence 1, 8, Eul evidence 1 and 7, the purport of the whole pleadings

B. According to the fact of recognition as above, the defendant is liable for compensation for property damage and mental damage suffered by the plaintiff due to the dispute of this case.

C. According to the evidence No. 2 No. 2, the Defendant’s limitation on liability for damages can be acknowledged as the fact that the Defendant suffered from satisfying and tensions and tensions due to the instant dispute, which requires approximately two weeks of treatment. In full view of all the circumstances, including the process and process of the instant dispute revealed by the overall purport of the pleading and the degree of injury suffered by the Plaintiff and the Defendant, it is reasonable to limit the Defendant’s liability to 50% of the damages suffered by the Plaintiff.

2. Scope of liability for damages

A. 1) Active Damage 1: 1,051,380 won (Evidence 3-1 to 4 of the Evidence A) are recognized only for the medical expenses incurred by the Plaintiff at the Ulsan National University Hospital, which is recognized as having a substantial causal relationship with the dispute of this case. The expenses incurred by the Emscopic surgery (Evidence 3-5 of the Evidence A: the F Hospital of this Court.

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