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(영문) 수원지방법원 2018.01.11 2016가단20851
손해배상(기)
Text

1. The Defendant’s KRW 10,310,671 as well as the Plaintiff’s annual rate of KRW 5% from January 23, 2016 to January 11, 2018.

Reasons

1. Facts of recognition;

A. On January 23, 2016, the Defendant: (a) around 3:40 on January 23, 2016, 2016, the Defendant, while driving the Defendant’s vehicle on behalf of the Defendant around the restaurant located in G, again returned KRW 20,000 to the Plaintiff; (b) the Plaintiff refused to do so; (c) accordingly, the Plaintiff, depending on the Plaintiff, went beyond the Plaintiff’s face at several times due to the Plaintiff’s drinking times; and (d) went beyond the Plaintiff’s mouth on the floor of the vehicle in which the Plaintiff’s mouth was walked, she

(hereinafter “instant harmful act”). B.

The Plaintiff suffered injury (hereinafter “the instant injury”) from the assault inflicted by the Defendant, such as face and heat requiring treatment for about two weeks, as well as a part of an infant’s spatha, etc. requiring treatment for about four weeks.

C. In relation to the instant harmful act, the Defendant was indicted by Suwon District Court 2016Kadan757, and was sentenced to one year of suspended sentence on April 6, 2016.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. According to the above fact of recognition of liability for damages, the defendant is liable for the damages suffered by the plaintiff due to the harmful act of this case.

However, at the time of the instant harmful act, the Plaintiff’s liability is limited to 80% in consideration of the fact that the Plaintiff caused the Defendant’s assault by responding to the Defendant’s desire and the Plaintiff appears to have exercised violence among the instant harmful act.

3. Scope of liability for damages

A. The amount paid by the Plaintiff as the medical expenses for the treatment of the king is as follows.

On January 23, 2016 to January 24, 2016, the Plaintiff paid the name of the hospital and the Plaintiff’s payment on January 24, 2016, KRW 329,330 of the first medical department in the Stol University Stol University Stol University on January 25, 2016, KRW 27,500 from February 2, 2016 to March 10, 2016, KRW 210,000 for the Stol University Stol University Dental Dental Hospital on April 18, 2016, KRW 1,000 for the original team of the Stol University Stol University Dental Hospital on February 16, 2016, KRW 200 on December 16, 200.

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