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(영문) 부산지방법원 2017.09.27 2015가단80511
손해배상(기)
Text

1. The Defendant’s KRW 1,995,620 as well as the Plaintiff’s annual rate from March 1, 2014 to September 27, 2017, and the following.

Reasons

1. Facts of recognition;

A. At around 14:00 on February 28, 2014, the Defendant assaulted the Plaintiff on the ground that the Plaintiff was able to take a dynamic examination with the Defendant’s child compensation in the Daegu Seo-gu Police Station and the Plaintiff, who was living together in the 249 Daegu Seo-gu Police Station and the office, on the ground that the Plaintiff was able to take a bath, and caused the injury to the left-hand side of the Plaintiff, which requires approximately eight weeks of treatment.

B. A. The prosecutor above.

As to the injury caused by assault as stated in paragraph (1), the Daegu District Court requested a summary order of KRW 500,000 against the Defendant. On July 15, 2014, the above court issued a summary order of KRW 500,000 to the Defendant as a fine of KRW 4378 on July 15, 2014. The above summary order became final and conclusive around that time because the Defendant did not request formal trial against the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1-1 and 2-2, and the purport of the whole pleadings

2. Determination

A. In full view of the facts acknowledged as above and the whole purport of the pleading, the defendant is above.

As indicated in the claim, the Plaintiff’s assaulted and injured the Plaintiff on February 28, 2014 constitutes a tort against the Plaintiff, and thus, the Defendant is liable for compensating the Plaintiff for the damages incurred by the said tort.

B. According to the evidence Nos. 1 and 2-1 and 2-2, the Plaintiff’s each medical expenses of KRW 245,620 from March 4, 2014 to September 15, 2015, and KRW 250,000 on October 14, 2015 are recognized as having been borne due to the Defendant’s assault. Thus, the Plaintiff’s total amount of KRW 495,620 is the Plaintiff’s property damages that the Defendant shall compensate.

B) The Plaintiff asserts that the future medical treatment costs will be KRW 14,300,000. However, the evidence submitted by the Plaintiff alone is difficult to acknowledge that the Plaintiff’s future medical treatment is necessary due to the Defendant’s assault, and there is no other evidence to acknowledge this otherwise. 2) The Plaintiff’s lost labor capacity due to the Defendant’s assault is lost.

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