Text
1. Of the judgment of the first instance court, KRW 1,662,92 against the Plaintiff and its related thereto, from October 21, 2017 to November 15, 2019.
Reasons
1. Basic facts
A. On October 21, 2017, the Defendant: (a) around 23:30 on October 21, 2017, at D located in Seo-gu in Gwangju-gu, the Plaintiff and Sinb, while having a dispute with the Plaintiff, a woman-friendly Gu, who was the birth of women-friendly Gu, was living together with the Plaintiff; and (b) assaulting the Plaintiff’s shoulder, shoulder, neck, etc. on 5 to 6 occasions out of the above restaurant, with the Plaintiff’s breath, etc., and thereby, caused the Plaintiff to spawn and spathed the right shoulder, which requires treatment for seven days.
(hereinafter “instant accident”). B.
On December 11, 2017, the Defendant received a summary order of KRW 700,00 (hereinafter “instant summary order”) for an injury to the criminal facts of the instant accident as a result of the instant accident by the Gwangju District Court Decision 201Da14214, Dec. 11, 201, and the said summary order became final and conclusive on January 5, 2018.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 3 and 4, the purport of the whole pleadings
2. The parties' assertion
A. The Plaintiff alleged that the Plaintiff suffered damages of KRW 3,856,820, lost earnings of KRW 5,900,00 ( KRW 2,350,612 as of February 22, 2017 x 58 days/ 22 days), consolation money of KRW 5,00,00,00 for the injury caused by the instant accident, and the Defendant is obligated to pay the Plaintiff a total of KRW 14,756,820 as damages for the damages incurred by the instant accident, and damages for delay thereof.
B. The defendant's assertion that the plaintiff suffered injury requiring medical treatment for at least seven days, which is recognized in the summary order of this case due to the accident of this case. Thus, each of the damages on the premise of hospitalization exceeding the above treatment days are unreasonable.
3. Determination
A. According to the facts acknowledged prior to the occurrence of damages liability, the Defendant is liable to compensate the Plaintiff for the damages incurred by the Plaintiff due to the instant accident pursuant to Article 750 of the Civil Act.
B. The degree of injury suffered by the instant accident within the scope of liability for damages.