1. All appeals by the Defendants are dismissed.

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

Purport of claim and appeal

1.

손해배생책임의 발생 인정사실 피고 D는 2012. 12. 11. 00:50경 대전 서구 E에 있는 원고 A이 운영하는 F 치킨집에서 ① 원고 A이 종업원으로 일하였던 피고 C에게 임금을 지불하지 않고, 전화상으로 욕설을 하였음을 이유로 말다툼을 화다가 화가 나 손으로 원고 A의 멱살을 잡아 흔들어 폭행하고, ② 종업원 G 등이 있는 자리에서 원고 A에게 “싸가지 없는 새끼, 좃만한 새끼, 어린놈의 새끼” 등이라고 하여 모욕하였으며, ③ 원고 A으로부터 퇴거요

The Gu received the Gu but failed to comply with it.

Defendant C’s obses to Plaintiff A and B by citing the same date, time, and place as above: “I am in my own son, age, and impule, I am in her age,” etc.; ② Giving out from Plaintiff A.

The Gu received the Gu but failed to comply with it.

Defendant D was sentenced to a fine of KRW 300,000 on July 12, 2013 ( Daejeon District Court Decision 2013Ma596) due to the above assault, insult, and non-compliance with the eviction, and Defendant C was sentenced to a fine of KRW 300,000 on July 12, 2013. The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, and facts of recognition as to the purport of the whole pleadings, the defendants committed an unlawful act of assault, insult, and withdrawal against the plaintiffs. Thus, the defendants are liable to compensate for damages suffered by the plaintiffs.

The plaintiff A asserts that medical expenses for the scope of the non-life liability had been spent 184,987 won due to the assault by defendant D.

According to Gap evidence No. 6, it is recognized that Plaintiff A paid KRW 116,130 (=9,630 won 57,600 won) upon receiving hospital treatment due to climatic salt, etc. on December 11, 2012 and December 12, 2012.

However, in light of the fact that Defendant D’s assault was merely a trace of Plaintiff A’s breath, Defendant D’s assault, which led to Defendant D’s breathum.