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(영문) 대구지방법원포항지원 2016.06.21 2015가단301616
손해배상(기)
Text

1. The Defendants: (a) KRW 10,879,236 to each Plaintiff, as well as KRW 5% per annum from February 2, 2015 to June 21, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) Defendant D, on February 2, 2015, committed an injury to the Plaintiff (hereinafter “instant accident”) due to the Plaintiff’s exposure to the Plaintiff’s face due to drinking and head around G Ga located in North-gu, North Korea on February 2, 2015 (hereinafter “instant accident”).

2) Defendant E is the mother of Defendant D.

[Ground of recognition] Facts without dispute, Gap evidence 2-1, Gap evidence 7-1, Gap evidence 7-1, the purport of whole pleadings

B. According to the above facts of recognition, Defendant D is liable for damages caused by the tort as the perpetrator of the instant accident, Defendant D is liable for damages caused by the tort, Defendant E is liable for damages caused by the instant accident as the person with parental authority over Defendant D as the person with parental authority over Defendant D, and each of the above liabilities is in a quasi-joint and several relationship.

2. Scope of liability for damages

A. 1) Active Damage 1: 3,381,461 won (the plaintiff claimed that 1,394,000 won was spent for the medical expenses of H values, but there is no evidence to prove that the total patient burden was 244,000 won and the excess amount was paid.

Meanwhile, the Defendant alleged that the psychological examination and treatment costs of the Plaintiff do not have proximate causal relation with the instant accident. However, considering the Plaintiff’s age and social relationship, etc., it appears that the Defendant received psychological examination and treatment after the instant accident. 2) Future treatment costs: KRW 8,967,585; KRW 7,584,869; KRW 7,400; KRW 2,400; KRW 500; KRW 2,400; KRW 360; KRW 2,40,000 for each time from May 2, 2016 to October 2, 2010; KRW 30,40,000; KRW 2,40,000; KRW 30,000; KRW 636,205-2636,205; and KRW 365,206-47; and the interim interest is deducted; and

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