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(영문) 부산지방법원 2017.04.14 2016나12783
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. The scope of the judgment of this court against the Defendants in the first instance trial, and the Defendants jointly and severally claimed against the Plaintiff that the Plaintiff pay to the Plaintiff the amount of KRW 257,680 for the treatment expenses (=the amount of KRW 208,180 for the medicine expenses of KRW 49,50 for the treatment expenses) and the amount of KRW 1,000 for the future treatment expenses, ② passive damages of KRW 1,400 for the treatment expenses, ③ KRW 2,000 for the consolation money, ③ KRW 4,657,680 for the damages incurred therefrom, and the damages incurred therefrom.

In response, the court of first instance denied the Defendants’ joint and several liability. ① With respect to the Plaintiff’s claim against Defendant B, only KRW 50,000 out of the amount of active damages claim of KRW 257,680, and KRW 500,000 of the amount of consolation money claim of the Plaintiff’s claim against Defendant C, the court of first instance recognized only KRW 300,000 of the amount of consolation money claim and dismissed the remainder

However, since only the defendants appealed against the judgment of the court of first instance, the part concerning the passive damages that the defendants won in whole and the part concerning the affirmative damages that the defendant C won in this court is excluded from the scope of the judgment of this court, and the part against the defendant B related to the affirmative damages and the part against the defendants related to consolation money are limited

2. Basic facts

A. Defendant B was sentenced to a suspended sentence of two years and a fine of 300,000 won for six months of imprisonment with labor as Busan District Court 2016Da651, 2016 Go-Ma297 (Joint). Of the criminal facts, the criminal facts regarding Defendant B’s assault against the Plaintiff during the crime were as follows: “Around October 8, 2015, Defendant B committed assault (hereinafter “the instant assault”) on the part of the Plaintiff’s flobbage, flading the Plaintiff’s floth on the floor, following the Plaintiff’s flobage in Busan Dong-gu, Busan District Court 201, 2016 Go-Ma297 (Joint).

B. On October 10, 2015, the Plaintiff was issued a medical certificate of injury stating the name of the disease, such as the scopical base, tension, etc., for about 14 days, by a doctor G of the F Hospital (hereinafter “instant injury”).

C. On the other hand, Defendant C does not insult the Plaintiff at the above date and place.

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