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(영문) 전주지방법원 2020.08.13 2019나10456
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. On August 1, 2018, the Plaintiff’s summary of the Plaintiff’s assertion is liable to pay the Plaintiff damages for the amount of KRW 4 million and delay damages incurred by the Defendant, who was intentionally engaged in a sex surgery on the face of the Plaintiff, and intentionally engaged in a sexually modified injury (hereinafter “the instant injury”). In order to treat the injury, the Defendant was obliged to pay the Plaintiff damages for the said KRW 4 million and delay damages.

2. In cases where a judgment official inflicts damage on another person as a result of a tort in the course of performing his/her duties, not only the State or a local government is liable to compensate for damage caused by a tort but also the public official is not liable to compensate for damage caused by a tort. In this context, a public official’s gross negligence is liable to compensate for damage caused by a tort if there is a progress by a public official. The public official’s gross negligence refers to a situation where a public official could have easily predicted a certain degree of harm and danger if he/she did not pay considerable attention to the extent that the public official’s gross negligence is likely to occur, and the public official’s intentional or negligent breach of his/her duties is liable only to the extent that proximate causal relation between the violation of such duties and the damage suffered by the victim

(see, e.g., Supreme Court Decision 2011Da34521, Sept. 8, 2011). Before examining, the evidence submitted by the Plaintiff alone, the Defendant intentionally stuffed the Plaintiff’s face while playing the horse.

It is not sufficient to recognize that the Plaintiff suffered the instant injury due to intention or gross negligence, and there is no other evidence to prove otherwise, and Party A.

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