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(영문) 의정부지방법원 2017.03.17 2016나60342
손해배상(기)
Text

1. All appeals by the Defendants are dismissed.

2. The costs of appeal are assessed against the Defendants.

Purport of claim and appeal

1.

Reasons

1. Facts of recognition;

A. At around 02:00 on February 3, 2014, Defendant B visited E C C C-scocks on the fourth floor of the D-building at the time of Pakistan, which had been employed as an employee, and attached a vision to the Plaintiff, who had been employed as an employee.

Defendant B had a part of the Plaintiff’s left face one time with an Acryle board on the above chiller.

After diving, Defendant B’s children, who had been contacted by Defendant B, had taken the Plaintiff’s left knick by drinking son at one time. Then, Defendant B her flicked the Plaintiff’s head with his left knick, and Defendant C her flicked the Plaintiff’s head with his left knick.

Due to the aforementioned assault by the Defendants, the Plaintiff suffered injuries, such as Abaneags, etc.

B. On July 7, 2014, the Defendants were subject to a disposition of suspension of indictment on the crime of violation of the Punishment of Violences, etc. Act (joint injury) where they jointly inflicted an injury on the Plaintiff as prescribed in the above paragraph (a) at the Goyang Branch Office of the Cheongyang District Prosecutors’ Office.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 3, 11 through 19, images of evidence Nos. 4 through 10, the purport of the whole pleadings

2. Determination on the defendants' main defense

A. The Plaintiff jointly committed a tort identical to the above recognized facts, and sought compensation as compensation for damages arising from a tort.

As to this, the Defendants asserted to the effect that the Plaintiff received KRW 800,000 from the Defendants in the above criminal case and renounced all rights to the instant case and did not raise a civil or criminal lawsuit or objection, and that the instant lawsuit should be dismissed in an unlawful and unlawful manner.

B. According to the evidence Nos. 20, 1, and 2, the Defendants paid KRW 800,000 to the Plaintiff on June 20, 2014, and the Plaintiff’s office of the government’s prosecutor’s office in the Goyang Branch of the District Court on the same day.

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