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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
The first instance court.
Reasons
1. Establishment of liability for damages;
A. Facts 1) The Plaintiff and the Defendant are adjoining neighbors residing in Yasan-si, and the Defendant, around August 23, 2014, around 09:30, held on the grounds that the Plaintiff said that the Defendant was scrinking of the Defendant who left before the Plaintiff’s home, and caused the Plaintiff’s injury to the scrinking of two parts that require approximately two weeks of treatment in the event of the Plaintiff’s back water and head (hereinafter “the instant injury”).
(2) The Plaintiff reported the Defendant on the ground of the foregoing act, and the Defendant was subject to a disposition of suspending indictment on December 17, 2014 from the Gun Office of the former District Prosecutors’ Office on the grounds that it is old.
(A) The purport of the whole pleadings and records of evidence Nos. 2 and 9 (including a provisional number; hereinafter the same shall apply) are as follows: (a) the Plaintiff was accused of an injury by the Defendant, but was accused of the same day; (b) the ground for recognition was not disputed.
B. According to the above facts of recognition, since the defendant committed a tort with the injury of this case against the plaintiff, the defendant is liable to compensate the plaintiff for the damage suffered by the plaintiff.
2. Scope of liability for damages
(a) Medical expenses of KRW 1,909,039 (Evidence A3 and 8);
(b) Net income: 653,047 won (=64,492 won x 14 days x 22 x 12/365, and burners less than KRW 4) (Evidence 4);
C. The plaintiff 700,000 won of consolation money asserts that the court of first instance, despite the fact that the plaintiff received hospitalized treatment and outpatients treatment due to the defendant's assault, did not properly work on the Ga metal, and was suffering from severe mental impulses and pains due to the fear of retaliation, the court of first instance set the consolation money excessively lower than the above point.
However, considering the fact that the Plaintiff and the Defendant previously formed the instant injury for a long time prior to the instant accident, the Defendant’s dementia symptoms, the background and content of the instant injury, the recognized medical expenses and the amount of lost income, etc., the consolation money determined by the court of first instance.