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1. Of the judgment of the first instance, KRW 5,886,534 against the Plaintiff among the judgment of the court of first instance, as well as the Plaintiff’s KRW 5,886,534 against the Defendant, from May 18, 2017 to November 12, 20
Reasons
1. Occurrence of and limitation on liability for damages;
A. On May 18, 2017, around 02:30 on May 18, 2017, the Defendant, as a matter of care for the women who were only at her age in front of Maart, was a vision, and was exposed to the Plaintiff’s face from the Plaintiff when the Plaintiff’s face was taken over by drinking, and had approximately three weeks of treatment for the Plaintiff.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
B. According to the above facts of recognition of liability, the defendant is liable to compensate for damages suffered by the plaintiff due to the defendant's assault act.
C. (1) The defendant's argument on the defendant's assertion of self-defense was requested by any woman to help the plaintiff and the plaintiff's sexual intercourse to be forced against the plaintiff's sexual behavior, so that the plaintiff and the plaintiff's sexual behavior cannot lead to their sexual intercourse. The plaintiff's face was assessed against the defendant, and the defendant's act committed assault against the plaintiff in the process of corresponding to the plaintiff and the plaintiff's sexual intercourse. Thus, the defendant's act constitutes self-defense.
(2) Even if the original civil trial is not bound by the finding of facts in a criminal trial, the facts found guilty of the same facts shall be a significant evidence. Thus, the facts against this cannot be acknowledged unless there are special circumstances where it is deemed difficult to adopt the factual judgment in light of other evidence submitted in the civil trial, in light of other evidence submitted in the civil trial.
(See Supreme Court Decision 90Meu21886 delivered on December 7, 1990, etc.). According to the evidence No. 1, the defendant is aware of the facts constituting the crime of assaulting and injuring the plaintiff as stated in the above basic facts and the summary order of KRW 1.5 million is notified, and the above summary order becomes final and conclusive.