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(영문) 수원지방법원 2018.06.22 2017나18641
손해배상(기)
Text

1.The judgment of the first instance shall be modified as follows:

The defendants jointly do so to the plaintiff 658,000 won and this.

Reasons

Plaintiff’s assertion

On November 3, 2016, the Plaintiff sustained injury due to joint assault by the Defendants, resulting in damage to hospital treatment costs of KRW 2,254,990, KRW 1,500,372, KRW 1,500,000, KRW 5,255,362.

Therefore, the defendants are jointly and severally liable to pay the plaintiff the above 5,255,362 won and damages for delay.

Judgment

In full view of the facts without dispute over liability for damages, Gap evidence Nos. 1 and Eul evidence Nos. 1 and the purport of the whole pleadings, the defendants are acknowledged as having been subject to a disposition of suspension of indictment on Nov. 3, 2016, when they were engaged in the commercial train work at the shipping port of the E company located in Pyeongtaek-si D on Nov. 3, 2016, in which the plaintiff did not help the commercial train work, and the plaintiff's chest was 4 times with his hand. Then, the defendant C used the plaintiff's candle with the plaintiff's candle, and the defendant C used the plaintiff's candle with the plaintiff's candle, and the defendant B used the above crime to commit a violation of the Punishment of Violences, etc. Act (joint violence) and the defendant C was subject to a disposition of suspension of indictment.

According to the above facts, the defendants' act of assaulting the plaintiff jointly constitutes a tort against the plaintiff. Thus, the defendants are liable to compensate the plaintiff for damages caused by such act.

The plaintiff asserts that the scope of the liability for damages and the amount of lost income are 2,254,90 won and damages equivalent to the amount of lost income during the period of hospitalization, by asserting that the plaintiff was hospitalized for 12 days due to the assault by the defendants and received additional treatment even after discharge.

According to the evidence evidence Nos. 3 and 4, it is recognized that the Plaintiff visited the general surgery on November 3, 2016, which was the date on which the Plaintiff jointly experienced violence from the Defendants, and spent KRW 158,000 in total for treatment expenses, surgery expenses, video diagnosis fees, etc.

Therefore, the amount equivalent to the above treatment costs is caused by assault against the plaintiff by the defendants.

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