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(영문) 대전지방법원 2019.10.22 2019나638
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

The Defendant’s liability for damages can be acknowledged on September 24, 2016, as a result of cleaning with the Plaintiff, that the Plaintiff was injured by bather in the course of fathering the fat and fating the body of the Plaintiff. Therefore, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the aforementioned tort, barring any special circumstance.

(2) The court below held that the plaintiff did not have any obligation to make a statement at the time when the plaintiff was investigated in the original prison. However, in light of Gap evidence Nos. 1, 3, 5 and the purport of the entire arguments, the court below held that the plaintiff did not have any obligation to make a statement about the damage at the time when the plaintiff was investigated in the prison. However, in light of the above evidence No. 1, 3, and 5 and the purport of the whole arguments, the court below found the plaintiff's statement at the investigative agency, etc. that the plaintiff suffered any injury in the course of physical fighting with the symptoms revealed from the day following the case and the result of examination of the doctor's intention thereof, it is sufficiently persuasive that the plaintiff did not conceal or state the facts of the original damage, and that the plaintiff's statement at the time when the plaintiff did not have any dispute about the plaintiff's statement at the time when the plaintiff was investigated in the prison: 668,530 won [the ground for recognition], Gap, 9, 12, 13, and 1000 won for an interim medical treatment.

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