(영문) 대전지방법원 2017.06.30 2016나9665 | 리걸엔진

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(영문) 대전지방법원 2017.06.30 2016나9665

손해배상(기)

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1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. Liability for damages;

A. Comprehensively taking account of the overall purport of evidence Nos. 1, 9, Eul evidence Nos. 3, and 4 (including paper numbers) as well as the overall purport of the arguments and arguments, the defendant asserted with the plaintiff around May 30, 2015 and brought an injury to the plaintiff, such as salleys, etc. (hereinafter referred to as "the injury in this case"), in which the defendant was convicted of a fine of two million won for the crime of injury at the Daejeon District Court on August 11, 2016, and at that time, recognized the fact that the above judgment became final and conclusive.

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff from the injury of this case.

B. According to the evidence duly admitted prior to limitation of liability, the Plaintiff assaulted the Defendant while disputing the Defendant, and the degree of the Plaintiff’s use of the violence and the damage the Defendant suffered is not easy.

In addition, it seems that the violence between the plaintiff and the defendant continues to increase the plaintiff's damage.

In addition, the defendant's liability for damages is limited to 80% in consideration of the circumstances and motive leading up to the defendant's tort, the relationship between the plaintiff and the defendant.

2. Scope of damages.

A. 1) Property damage 1) Since the Plaintiff was hospitalized in the hospital for nine days from June 1, 2015 to June 9, 2015, the Plaintiff was hospitalized in the hospital for nine days. As such, regarding the nine days of the aforementioned hospitalization period, KRW 790,245 (i.e., daily average wage of KRW 87,805 (i.e., KRW 87,805 x 9 days) recognized the Plaintiff as the Plaintiff’s passive damage. 2) The cost of daily treatment (affirmative loss) recognized KRW 1,186,840 as the Plaintiff’s active damage.

3) The Plaintiff’s property loss attributable to the Defendant under the limitation of liability is 1,581,668 won (=(1,186,840 won) x 80%.

B. The plaintiff suffered a considerable mental pain due to the injury of this case.

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