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1. Of the instant lawsuit, the 10 million won for each of the litigants A to the Defendant and the Defendant on December 6, 2009.
Reasons
The fact that the occurrence of liability for damages and the recognition of the limitation on liability is that the plaintiff net A (hereinafter referred to as the "the deceased") and the defendant have a close friendly relationship.
At around 18:00 on December 6, 2009, the Defendant, at the time of the Deceased’s house, told with the Deceased to drink together with the Deceased, and went on once again at the end of the dispute, and is called “the instant accident”.
As a result, the Deceased was hospitalized for about 40 days by January 14, 2010, after suffering from injuries, such as brain injury and ductalone, etc.
On February 26, 2010, the deceased and the defendant "the agreement of this case" are "the agreement of this case" as follows:
was drawn up.
In respect of the instant accident, the Deceased and the Defendant agreed that the amount of KRW 11 million and the agreed amount of KRW 1 million shall not be charged with any civil or criminal liability after the accident.
B. However, the Defendant is responsible for medical expenses incurred in the instant accident (in the event of brain disorder). From February 25, 2012 to April 23, 2012, the Deceased continuously received pain treatment, and from May 12, 2012 to October 23, 2012, the Deceased was hospitalized at the hospital located in the original state due to the existence of alcohol, alcohol, dementia, etc. on two occasions, and died on October 24, 2012 following the date of discharge.
As a result of the autopsy, the cause of death is unclear.
[Ground of recognition] According to the facts without dispute, Gap evidence Nos. 1 through 3, 7, 12, and 15 (including a provisional number; hereinafter the same shall apply), fact inquiry result, witness E’s testimony, witness E’s overall purport of pleading, the defendant is liable to compensate the deceased for damages caused by the accident in this case.
However, the deceased and the defendant are in a friendly relationship with each other, and the defendant caused a minor dispute with drinking together, which caused the death of the deceased, and thus, he was injured by the deceased at the time of her boom on one occasion by the defendant. As such, the circumstances of this case, the degree of assault by the defendant, etc., are as follows.