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(영문) 서울남부지방법원 2015.08.17 2014나3912
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant in excess of the money ordered to be paid below shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. At around 10:40 on July 31, 2012, the Defendant: (a) suffered a dispute between the Plaintiff and the Plaintiff; (b) and (c) destroyed two of the Plaintiff’s artificial colony scrap metal by taking part in the Plaintiff’s entry; and (d) caused the damage.

(2) On February 26, 2013, the Defendant was guilty of committing the crime of injury on the part of the Defendant, which stated that “the Defendant received the Plaintiff’s artificial infant from Epician on July 10, 2012 and led to the Plaintiff to wear up two of the treatment days in front of the treatment days,” and received a summary order of KRW 1.5 million from the Seoul Southern District Court, and the above summary order became final and conclusive around that time.

[Reasons for Recognition] The facts without dispute, Gap's evidence 2 through 5, each entry (including serial numbers) in Gap's evidence 9, Eul's testimony and the purport of the whole pleadings

B. According to the above facts of recognition, the defendant used violence against the plaintiff to damage two of the artificial saves, and the statement of the evidence Nos. 2 through 6 and the testimony of the witness D of the trial party alone is insufficient to reverse it.

Therefore, the defendant is liable to the plaintiff for damages caused by unlawful acts under the assault of this case.

2. Scope of liability for damages

A. 1) In full view of the records in Gap evidence No. 2 and the fact-finding by the court of first instance on the E dental clinic of the court, and the overall purport of the pleadings, two of the seven of the plaintiff's artificial dental scrap metal were destroyed due to the assault in this case. However, in order to repair two of the damaged supplementary scrap metal connected with seven supplementary metal, all of the seven of the supplementary scrap metal should be removed. As such, 50,000 won per each supplementary scrap metal (i.e., KRW 500,000 x KRW 7) requires medical expenses of KRW 3.5 million per each supplementary scrap metal.

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