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(영문) 서울중앙지방법원 2016.12.09 2015가단198889
손해배상(기)
Text

1. The Defendants jointly share KRW 7,076,744 with the Plaintiff, and KRW 5% per annum from June 15, 2013 to December 9, 2016.

Reasons

1. Facts of recognition;

A. At around 02:40 on June 15, 2013, Defendant D met with the Plaintiff’s head due to a mine baton, which took place in a G club, which was in the F hotel located in Gangnam-gu Seoul, with his body, while playing in the G club, which was in the middle of a dispute.

Accordingly, on the ground that the plaintiff was taken away from Defendant D's camping plane, Defendant D took the face of the plaintiff due to drinking, and H Ha who was next to the plaintiff was at the time of the plaintiff's face.

Defendant D and H continued to be out of the club, followed by the Plaintiff, and Defendant C, as the director of the G club, who was in a friendly relationship with Defendant D, went to the Plaintiff.

The Defendants were punished for a dispute with the Plaintiff outside the club, and Defendant B took the face of the Plaintiff by drinking, and Defendant C forced the Plaintiff to see the Plaintiff’s bridge in front and rear front.

B. Due to the aforementioned assault by the Defendants, the Plaintiff suffered injury, such as a pellet and an insular part, an insular part, stress disorder, etc. in need of three weeks’ medical treatment.

C. Defendant C and D were indicted for summary facts constituting the same crime as the above A and B, and on June 5, 2014, issued a summary order of KRW 700,000 for each fine as an offense of violation of the Punishment of Violences, etc. Act (joint injury) in the Seoul Central District Court Decision 2014 High Court Decision 11531 Decided June 5, 2014.

Defendant B was indicted with summary charge of assaulting the Plaintiff on December 24, 2013 and was issued a summary order of KRW 300,000 as an offense of assault in the same court No. 2013 high-ranking32383, Dec. 24, 2013.

Each of the above summary orders was finalized as it is.

【Ground of recognition】 The fact that there has been no dispute, Gap's 1 through 4, 7, 8, 9, Eul's 1 (including branch numbers) and the purport of the whole pleadings

2. Determination

A. According to the facts of recognition as above, the Defendants are jointly responsible for compensating the Plaintiff for damages incurred by the injury of this case, since they inflicted an injury upon the Plaintiff by assaulting the Plaintiff.

(b).

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