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(영문) 창원지방법원 2017.08.22 2017나52426
손해배상(기)
Text

1. Of the judgment of the court of first instance, the Plaintiff’s KRW 4,935,411 and KRW 2 million from March 24, 2013.

Reasons

1. Basic facts

A. The plaintiff is a member of the D church located in C at the time of a show, and the defendant is a member of the above church E.

B. On March 3, 2013 and March 10, 2013, the Plaintiff was sentenced to a fine of KRW 3 million on December 12, 2014 due to the crime of insulting E and obstructing worship (Supreme Court Decision 2014 High Court Decision 2015No30 Decided December 22, 2014), and the Plaintiff appealed (Supreme Court Decision 2015Do12079 Decided July 15, 2015), but was dismissed. The Plaintiff filed an appeal again (Supreme Court Decision 2015Do12079 Decided September 30, 2015), but the final appeal was dismissed and became final and conclusive as is.

C. On March 24, 2013, around 15:09, the Defendant: (a) reported the dispute between the Plaintiff and the Defendant’s married F, and went beyond the Plaintiff by cutting down the Plaintiff’s head debt (hereinafter “instant accident”); (b) thereby, the Defendant was prosecuted for committing a criminal act that inflicted an injury on the cryp base, etc. in need of approximately three weeks’ treatment; (c) issued a summary order to KRW 500,00,000 to a fine of KRW 20,000,000,000,000,000,000 won; and (d) the said summary order became final and conclusive on December 29, 2015.

[Ground of recognition] Facts without dispute, significant facts in this court, Gap 1, 4, and 10, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Plaintiff’s assertion occurred due to the instant accident, the Plaintiff is obligated to pay to the Plaintiff the Plaintiff total of KRW 15,675,159, including 5,485,159, 190, 190, 458,724, 100,000,000,000,000 won for the first time during the hospitalization period, and damages for delay.

B. In the event of the instant accident that caused the Plaintiff to compensate for damages, a summary order is issued to the Defendant, and the final judgment is based on the facts.

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