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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. The gist of the Plaintiff’s assertion is that the Plaintiff received hospitalized treatment for at least one month from the Defendant due to an injury, such as the left-hand leged base, as he/she applied for her her son, and the Plaintiff was indicted on the wind that the Defendant and his/her parents met the Plaintiff, but the judgment of innocence became final and conclusive, the Defendant should compensate the Plaintiff for property and mental damage together with KRW 10 million.
2. Facts of recognition;
A. On August 24, 2013, the Plaintiff with a physical disability in the lower half-class 2 was in line with the Defendant’s 3 and 4-time tamper with the pedestrian aids, which were based on the eldones (the walking aids that have arisen similar to the alkinus) and were in line with the Defendant’s 3 and 4-time tamper.
B. The Plaintiff suffered from an injury requiring six weeks’ medical treatment, such as the left-hand leged salt , the left-hand leged sponsed spackspackspackspackspackspackspackspackspacks, and received hospital treatment from August 25, 2013 to September 30, 2013, and the total amount of the medical expenses was KRW 3,087,218 (7,390 for the principal’s shares).
[Reasons for Recognition] Facts without any dispute, Gap evidence 1, 2, 3, and 4-1, 2, 3, and 5-1, 5-2, and the purport of the whole pleadings
3. Occurrence of liability for damages;
A. According to the above facts of recognition, it is obvious in light of the empirical rule that the plaintiff suffered mental suffering by the defendant's illegal act, and therefore, the defendant is obliged to pay consolation money to the plaintiff.
The plaintiff claimed KRW 10 million in total with property and mental damage in the complaint, but with respect to property damage, the court of first instance ordered the payment of KRW 2 million in consolation money and dismissed the remainder in the absence of any assertion, in addition to submitting a receipt for medical expenses of KRW 794,390 in charge of personal expenses.
With respect to the judgment of the court of first instance, only the defendant appealed, and the plaintiff did not appear on the date of pleading without any reply to the cause of the claim or the defendant's appeal, and the pleading has been concluded and the court of first instance has no longer made any property and mental damage.