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(영문) 창원지방법원진주지원 2020.12.16 2019가단35977
손해배상(기)
Text

The Defendant-Counterclaim Plaintiff (Counterclaim Defendant) shall pay KRW 2,482,028 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s counterclaim from February 1, 2018 to December 16, 2020.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Facts of recognition;

A. On February 1, 2018, the Defendant, at the Jinju-si Underground Parking Lot, told that the Plaintiff’s apartment posts are removed at the Jinju-si Dadong Underground Parking Lot, and carried the Plaintiff’s body by hand, stating, “I am impune, Nina, I am at this time.”

B. On September 26, 2018, at the meeting room of the second floor of the apartment management office in Jinju-si, the Defendant: (a) expressed an agenda item to the Plaintiff at a 15-person place, including residents, on the ground that “the Plaintiff’s representative B (Defendant) falls under the grounds for dismissal pursuant to Article 20(5) of the Management Rules.”

C. The Defendant’s foregoing on June 11, 2018

A summary order of KRW 1,00,000 was issued for the crime of bodily injury (this court approximately 2018 high-ranking 1387), and the above summary order was finalized on July 4, 2018.

The defendant on September 27, 2019

A fine of KRW 500,00 has been sentenced to the offense of insult (this Court 2019 High Court 57), and the above judgment was finalized on January 17, 2020 through the appellate court (the Changwon District Court 2019No2116).

[Ground of recognition] Facts without dispute, Gap evidence Nos. 3, 4, 5, 6, 10, 11, and the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts of recognition of tort damage liability, the Defendant injured the Plaintiff, and insulting the Plaintiff by taking a bath, etc.

As such, the plaintiff is liable to compensate for damages caused by the above tort.

B. According to the evidence Nos. 1, 8-1, 9 of the evidence Nos. 7-1, 7-1, 8-1, and 9 of the scope of liability for damages, the Plaintiff spent KRW 50,300 for diagnosis and treatment expenses after receiving violence from the Defendant on February 2, 2018. The Plaintiff spent KRW 50,300 for diagnosis and treatment expenses after receiving violence from the Defendant. By the same date and February 21, 2018, the Plaintiff spent KRW 565,58,580 for internal expenses of the F Hospital and spent KRW 565,568, Feb. 24, 2018 in total for treatment expenses.

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