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(영문) 서울중앙지방법원 2016.12.16 2016나40681
손해배상금
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

The first instance court.

Reasons

1. Basic facts

A. On September 22, 2015, the Defendant: (a) around 21:20 on September 22, 2015, at the kitchen of the restaurant located in Jongno-gu Seoul Metropolitan Government C, brought a dispute with the Plaintiff; (b) caused the Plaintiff’s chest to be pushed down and cut down.

Accordingly, the plaintiff filed a complaint against the defendant under the suspicion of assault.

B. On October 16, 2015, the Defendant remitted KRW 1,350,00 to the Plaintiff as agreed money.

On October 19, 2015, the Plaintiff drafted a “written application for penalty” to the Defendant on September 22, 2015, stating that “I would not have any civil and criminal objection against this case in the future, although I have been assaulted to the Defendant at the D cafeteria located in Jongno-gu, Jongno-gu, in spite of the fact that it was assaulted to the Defendant on September 22, 2015, by receiving KRW 1,350,000 from hospital expenses and the amount agreed upon, and not want to be punished

(hereinafter “instant agreement”). C.

The Plaintiff also revoked a criminal complaint against the Defendant, and accordingly rendered a final decision on October 29, 2015 against the Defendant.

[Ground of recognition] The fact that there is no dispute, entry of Gap evidence 1 in the evidence No. 1, the result of verification of the U.S. non-storage video in this court, the purport of the whole pleadings

2. The Plaintiff’s assertion (Grounds for Appeal) written agreement of this case is limited to the part diagnosis and treatment conducted by October 19, 2015.

However, even after the formation of the instant agreement, the Plaintiff continued to have paid additional medical expenses until November 18, 2015, and the damage was additionally incurred as a result of the Plaintiff’s failure to work due to legacy.

Therefore, the Defendant is obligated to compensate the Plaintiff for additional damages incurred after the formation of the instant agreement.

(The court of the first instance rejected the plaintiff's lawsuit on the ground that the agreement of this case constitutes an agreement on the father's lawsuit, and the plaintiff changed the cause of the claim in the court of the first instance as above). 3. Judgment of the court of first instance

(a) The tortfeasor and the victim shall be paid a specific amount of money to compensate for losses caused by the tort, and the remainder of claims.

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