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1. Of the instant lawsuit, the damages claim amounting to KRW 500,000 against Defendant B shall be dismissed.
2. The plaintiff's defendant B.
Reasons
1. Basic facts
A. The Plaintiff entered into a service agreement with the Defendant Company on September 1, 200, when it was engaged in oil transactions with the Defendant Reserve Petroleum Co., Ltd. (hereinafter “Defendant Company”), and concluded a service agreement with the Defendant Company on September 1, 200, and caused a dispute with regard to the settlement of oil amount with Defendant B, who sold the oil, and during that process, the Plaintiff and Defendant B exercised mutual violence.
B. Due to the above assault case, the Plaintiff was charged with the unsatisfying part of the unsatisfying part of the treatment period, Defendant B was charged with the dysatfying part of the right side, and Defendant B was charged with the violation of the Punishment of Violences, etc. Act No. 2000 high-level3054, Sept. 27, 2000, and the summary order was issued to the Plaintiff on Oct. 12, 200, with a fine of KRW 1,000 for the Plaintiff, and a fine of KRW 50,000 for the Defendant B was imposed.
C. After that, on August 20, 2003, the Plaintiff filed a claim for damages against the Defendants under the Daegu District Court resident support 2003Gahap345 on August 20, 200, stating that “Defendant B was liable for compensating the Plaintiff for damages caused by assaulting the Plaintiff on September 1, 200,” and that “the Defendant Company, as the employer of Defendant B, did not have any obligation to prevent any assault that the employee performed in the course of performing his duties, but did not prevent it. Therefore, the Defendant Company was liable for compensating the Plaintiff jointly and severally with Defendant B pursuant to Article 756 of the Civil Act.”
The court of the above Daegu District Court case No. 2003Gahap345 (hereinafter “the court of first instance”) accepted part of the Plaintiff’s claim for consolation money against Defendant B, and accepted KRW 500,000 of consolation money, respectively, and dismissed the claim for reimbursement of lost income and king medical expenses and future medical expenses. The claim against the Defendant Company was dismissed. The Plaintiff and Defendant B appealed to the Daegu High Court No. 2005Na2920, Jul. 25, 2007.