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(영문) 부산지방법원 2020.07.10 2019나4684
손해배상(기)
Text

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

Reasons

1. On April 13, 2018, the Defendant, at the time of the occurrence of the liability for damages, committed assaulting the Plaintiff, such as assaulting the Plaintiff’s face at the time of drinking, etc., on the ground that the Plaintiff considered the Defendant’s daily behavior at the D shop located in the Busan Si, Seo-gu, Busan, on the ground that the Defendant, around April 21, 2018, suffered from injury, such as the Plaintiff’s satisfeing and satisfeing, etc., may be recognized if there is no dispute between the parties, or if the purport of the entire pleadings as stated in the evidence No.

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the above illegal act.

2. Scope of damages.

A. In light of the overall purport of the arguments in the statements in Gap evidence Nos. 1-1, 2, 2-2, and 3-2 and 3, it can be acknowledged that the plaintiff paid KRW 762,00 for the treatment, etc. of non-alley and patha (=E and KRW 123,600, KRW 123,600, KRW 178,400, KRW 4600, KRW 460).

B. The consolation money shall be determined as KRW 2,00,000 in consideration of all the circumstances, including the background of the case, the degree of injury suffered by the plaintiff, and the relationship between the plaintiff and the defendant, in light of the empirical rule that the plaintiff suffered emotional distress due to the above tort committed by the defendant.

C. Accordingly, according to the lawsuit, the Defendant is obligated to pay to the Plaintiff 2,762,00 won (medical expenses of KRW 762,00,000 for consolation money of KRW 2,000 for medical expenses) and to pay to the Plaintiff 12% interest per annum under the Civil Act from January 15, 2019 to July 10, 2020, the date following the delivery date of the copy of the complaint of this case, which is reasonable for the Defendant to dispute the existence and scope of the obligation to perform, as sought by the Plaintiff.

3. Accordingly, the plaintiff's claim shall be accepted within the scope of the above recognition and the remaining claims shall be dismissed as there is no ground, and this conclusion shall be reached among the part against the defendant in the judgment of the court of first instance.

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