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1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The judgment of the court of first instance is ordered.
Reasons
1. In full view of the facts stated in the evidence Nos. 8-1, 2, and 9 and the purport of the whole pleadings, the Defendants committed assault against the Plaintiff and E (hereinafter “instant assault”) in the male toilet of Gyeyang-gu Incheon Metropolitan City around 03:0 on December 25, 2013. Defendant B received a summary order of KRW 2,00,000 on May 30, 2014 with the Incheon District Court Decision 2014Da8813, which issued a fine of KRW 2,00,000 with respect to the instant assault, and the above summary order became final and conclusive. Meanwhile, the Plaintiff committed assault against the Defendants jointly with E, but was issued a summary order of KRW 50,000 (Article 2014Da8813, approximately 2014, about 8813, about the above summary order, and was acquitted by filing an application for formal trial (Article 2014,204,Gao-14, which was final and conclusive).
According to the above facts of recognition, the defendants are liable for the damages suffered by the plaintiff due to the assault of this case corresponding to the tort.
2. Scope of liability for damages
A. The Plaintiff’s assertion sought compensation for damages amounting to KRW 12,00,000 in total, including KRW 1,205,287 in total, and KRW 5,903,09 in total, including medical expenses, and KRW 4,891,614 in relation to the instant assault.
B. Determination 1) The entries in the evidence Nos. 6-1 to 4, 7-1, and 2 of the evidence Nos. 6-1 to 6-1, 7-2 are insufficient to find that the Plaintiff had lost income due to the above illegal act, and there is no other evidence to find otherwise. 2) In full view of the respective entries in the evidence Nos. 5,166,30 won to 2-1 to 3, and 3 of the evidence Nos. 2-1 to 5,16,30 won (the total sum of KRW 1,802,730 won, KRW 1,520 won, KRW 839,240 won, KRW 240 won, KRW 972,110) due to the instant assault, the remainder of the evidence submitted by the Plaintiff is deemed the instant assault.