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(영문) 의정부지방법원 2020.02.14 2019가단105238
손해배상(기)
Text

1. The Defendant’s KRW 26,004,488 as well as the Plaintiff’s annual rate of 5% from July 13, 2018 to February 14, 2020, and thereafter.

Reasons

1. Facts of recognition;

A. On July 13, 2018, the Defendant suffered injury, such as the Plaintiff’s head fatus fatus, etc., in front of his house located in Gyeonggi-gun C, and the Plaintiff, a neighboring resident with no appraisal, was living together with the Defendant’s examination, making two times the Plaintiff’s head fat, and taking one-time part of the Plaintiff’s body written on the floor, and taking one-time care of the Plaintiff’s body used on the floor, thereby taking approximately six weeks of treatment.

B. On January 23, 2019, the Defendant was indicted for the crime of bodily injury in the above case by the District Court 2018 Godan3652, and was sentenced to imprisonment for six months on January 23, 2019 and the judgment became final and conclusive.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 11-2, purport of the whole pleadings

2. The assertion and judgment

A. According to the above facts of recognition of damages liability, since the defendant committed a tort causing injury to the plaintiff, the defendant is obligated to compensate the plaintiff for the damages suffered by the plaintiff.

B. 1) The scope of liability for damages: The amount of active damages amounting to KRW 9,903,150 [based on recognition] was not disputed; the statement in evidence Nos. 5-1, 2, 3, and evidence Nos. 9 through 11-2; the purport of the whole pleadings; and the purport of the whole pleadings 2) the amount of passive damages: the Plaintiff claimed KRW 1,101,338 with the amount of KRW 1,104,338 with the amount of lost income, but the calculation error seems to be an error.

= The period of hospitalization (14 days) from July 13, 2018 to July 26, 2018 ¡¿ (14 days) 78,667 won for daily female workers in rural communities [based on recognition] does not dispute. The statement in the evidence No. 5-1, and the purport of the whole pleadings 3 mental damages: 15,00,000 won, which the plaintiff suffered mental suffering due to the defendant's tort, is obvious in light of the empirical rule that the plaintiff suffered mental suffering, and thus, the defendant is obligated to make the above plaintiff a money-raising.

The consolation money shall be paid in consideration of the circumstance of the crime, the degree of injury suffered by the plaintiff, the damages recognized earlier, as well as the damages recognized earlier, that the plaintiff's suffering and damage caused by the defendant's crime are deemed to be considerable.

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