The plaintiff's appeal is dismissed.

Expenses for appeal shall be borne by the plaintiff.

The purport of the claim and the purport of the appeal.

1. Facts of recognition;

A. On March 19, 2019, the Defendant was prosecuted for committing the crime that inflicts an injury on the Plaintiff, and received a summary order of KRW 1,000,000 (Seoul District Court Branch Branch Decision 2019 High Court Decision 1336), and the said summary order became final and conclusive around that time.

"Around 15:10 on February 20, 2019, the defendant suffered injury to the plaintiff, such as Daesp, etc., which requires approximately three weeks of treatment by cutting down the plaintiff's balp, by drinking balp, the plaintiff's face from the second floor healthcare of the Daegu-gu building C, Daegu-gu building 2:10, on the ground that the plaintiff was salping the arms, and caused injury to the plaintiff (hereinafter "the illegal act in this case")."

B. As the Plaintiff was assaulted from the Defendant at the above date, at the above time, and at the above place, the Plaintiff exercised force by hand, such as booming the Defendant’s head by breathing breath and assaulting the Defendant’s head. However, the Plaintiff was subject to a disposition that there was no right to institute a prosecution against the case of assault crime following the Defendant

(c)

The Plaintiff spent totaling KRW 599,210 (= KRW 571,410,00) for the treatment costs of the instant tort.

[Ground for Recognition: Facts without dispute, Gap evidence Nos. 1 through 5 (including each number; hereinafter the same shall apply), Gap evidence Nos. 7, Eul evidence Nos. 1 and 2, and part of Gap evidence Nos. 6 and 8, and the purport of the whole pleadings]

2. Determination on the cause of the claim

A. 1) According to the above fact of recognition of liability, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff due to the tort of this case.

2) In full view of the circumstances revealed in the pleadings, such as the developments leading up to the instant tort, the degree of the instant tort, and the situation before and after the instant tort occurred (the Plaintiff used to assault the Plaintiff first, but the Plaintiff also saw the breath of the Defendant, and the Defendant’s head was taken into account immediately after the instant tort.).