(영문) 창원지방법원 2015.01.21 2014나8497 | 리걸엔진

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(영문) 창원지방법원 2015.01.21 2014나8497

손해배상(자)

Text

1. Of the judgment of the court of first instance, the part against the plaintiff falling under the following order for payment shall be revoked.

The defendant.

Reasons

1. Occurrence of liability for damages;

A. 1) According to the purport of the Plaintiff’s evidence No. 5 and the entire pleadings, the Defendant, on January 6, 2013, may recognize the fact that the Defendant inflicted injury on the Plaintiff, such as the left-hand column and the blood transfusion. According to the above acknowledged facts, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff, barring any special circumstance. 2) As to this, the Defendant asserts that the Defendant’s act was not unlawful as self-defense, since it was in the course of setting up against the Plaintiff’s assault.

According to the purport of Gap evidence Nos. 5 and Eul evidence Nos. 1 and the whole pleadings, it is recognized that the plaintiff first assaulted the defendant, such as franchising and spathing, etc., and that the defendant inflicted an injury in excess of the plaintiff in the course of opposing it.

However, according to the overall purport of the statement and pleading evidence No. 5, the defendant also satisfying the plaintiff's flab and satisfying the plaintiff's bat, and inflicted an injury upon the plaintiff's batfying the plaintiff's bat, and the defendant received a summary order of a fine of KRW 300,000 on August 12, 2013 (the Changwon District Court Decision 2013 High Court Decision 201Da4550), and around that time, the above summary order became final and conclusive. In light of the above circumstances, it is insufficient to recognize that the defendant's act was a new affirmative attack that is not limited to the defense act

Therefore, we cannot accept the defendant's above assertion.

B. According to the evidence duly admitted as above, the Plaintiff: (a) took a bath for the Defendant’s female-friendly C; and (b) took a bridge and spathing the Defendant’s fat to restrain it; and (c) took the Defendant’s check, etc.; and (d) was sentenced to a final judgment of conviction of a fine of KRW 2 million due to the above criminal facts.

Changwon District Court Decision 201.8.12.

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