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(영문) 수원지방법원안산지원 2017.06.30 2016가단70089
손해배상(기)
Text

1. Defendant B’s KRW 2,009,340 as well as 5% per annum from October 27, 2016 to June 30, 2017 to the Plaintiff.

Reasons

1. Determination as to claims related to injury

A. Comprehensively taking account of the overall purport of the arguments in evidence Nos. 1 through 4 as to the occurrence of liability for damages, Defendant B is recognized as having taken the Plaintiff’s face from the parking lot of the Da household building in Ansan-gu, Ansan-si on December 4, 2013, and carried out cerebral typ, inside, and outside, the inner part, the two inner part, and the right side side of the Plaintiff, which require treatment for about three weeks to the Plaintiff when drinking.

According to the above facts of recognition, Defendant B is liable to compensate the Plaintiff for damages caused by the tort.

(b) Medical expenses within the scope of liability for damages: 1,458,474 won (=408,410 +920,784 +18,060 +110,220 +1,000) / [Grounds for recognition] the entry of evidence No. 5, and the purport of the entire pleadings (2) the whole purport of the arguments: 250,866 won (the amount sought by the plaintiff within the scope of the amount applied by 83,975 won per day for the period from December 4, 2013 to December 6, 2013, which is the period of hospitalization) / [Grounds for recognition] the fact that no dispute exists, and (3) consolation money for the whole pleadings:30,000 won

C. Accordingly, Defendant B is obligated to pay to the Plaintiff damages for delay calculated at the rate of 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings, etc. from October 27, 2016 to June 30, 2017, which is the date following the delivery date of a copy of the complaint of this case sought by the Plaintiff after the date of tort, to the Plaintiff.

2. The Plaintiff made a false statement at the police station with the following purport: (a) there was no fact that the Plaintiff committed indecent act by compulsion against Defendant C; and (b) there was no confirmation that Defendant B had the clothes of Defendant C before Defendant B assaulted the Plaintiff; (c) the Defendants conspired with the Defendants to the effect that “the Plaintiff, on December 4, 2013, by inserting her hand into Defendant C’s new wall, and by indecent act by compulsion.”

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