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(영문) 제주지방법원 2019.09.26 2017가합11366
손해배상(기)
Text

1. The defendant is respectively against the plaintiff B, the plaintiff C, the plaintiff C, the plaintiff 1,33,33, and the plaintiff D, the plaintiff 1,000,000, and the plaintiff E, and the defendant.

Reasons

1. Facts of recognition;

A. The plaintiffs related plaintiffs B, E, and F are children of the deceased and the plaintiff C, and the plaintiffs D are children of the plaintiff B.

The deceased died on October 17, 2018, after the filing of the instant lawsuit.

B. Around 01:55 on April 27, 2017, the Defendant, H, and I’s assault against the Plaintiff, etc. against the Defendant, etc., and the Defendant, H, and I’s work were to fight on the body of the Plaintiff, and around 01:55, the Plaintiff was to walk the Plaintiff’s face three times with the Defendant. The Plaintiff was to walk the Plaintiff’s face three times, and the Defendant was to walk the Plaintiff’s face once due to the Plaintiff’s generation, and H was to walk the Plaintiff’s face once again, and then I was to walk the Plaintiff’s body once, and to walk the face three times with drinking.

Due to the above violence, the above plaintiff suffered injury such as inside the left-hand side, floor-up, left-hand blag, etc., and red blag on the left-hand side.

C. A related criminal case No. 1) Defendant, H, and I was prosecuted against the Jeju District Court on the above act, and the facts charged that the Defendant, H, and I conspired to commit a serious injury to Plaintiff B on November 9, 2017, and the Defendant, H, and I was sentenced to two years of imprisonment, one year and two months of imprisonment (the Jeju District Court Decision 2017Gohap89). (2) Defendant, H, and I appealed in the first instance judgment.

The appellate court reversed the conviction portion of the judgment of the first instance, and sentenced H and I to two years of imprisonment, three years of probation, one year and two months of imprisonment, and two years of probation (Seoul High Court Decision 2017No77). The judgment of the appellate court became final and conclusive around that time.

In the course of the above criminal procedure and the lawsuit in this case, Plaintiff B received KRW 50 million from H, and Plaintiff B received KRW 45 million from H, and agreed not to raise a civil or criminal objection any longer to H and I. 2) The Defendant deposited Plaintiff B with KRW 5 million during the first instance trial of the above criminal procedure, and additionally deposited KRW 15 million during the appellate trial.

recognized.

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