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(영문) 서울동부지방법원 2015.10.14 2013가단29760
손해배상
Text

1. The Defendant (Counterclaim Plaintiff) B and the Defendant C jointly share KRW 6,207,377 on the part of the Plaintiff (Counterclaim Defendant) and the corresponding amount on June 13, 2013.

Reasons

A principal lawsuit and a counterclaim shall be deemed simultaneously.

1. Around March 22, 2013, the Plaintiff: (a) 22:00, she spited the Plaintiff’s face on the Defendant’s face, spite, frighter, and flabed the Plaintiff’s flab in Seongdong-gu Seoul, Seongdong-gu; (b) on the part of the Defendant B and flab, the Plaintiff flabed the Plaintiff’s flab; (c) the Defendant flabed the Plaintiff’s face on one occasion; and (d) the Defendant C, the husband of the above Defendant, was flabed with the Plaintiff’s head on one occasion, i.e., “F., the Plaintiff.”

(B) The Plaintiff and the Defendants collectively referred to as “instant fighting.” As a result, the Plaintiff suffered injury, such as a non-freatal injury requiring approximately 3 weeks of treatment, and cerebral injury requiring approximately 2 weeks of treatment, and Defendant B suffered injury, such as salt, requiring approximately 2 weeks of treatment.

【Ground for recognition】 The facts without dispute, Gap evidence Nos. 3 (including evidence attached with a provisional number; hereinafter the same shall apply), Eul evidence Nos. 5 and 6, the purport of the whole pleadings

2. Determination on the main claim

A. According to the facts found as above, the Defendants are jointly liable for damages sustained by the Plaintiff due to the injury inflicted on the Plaintiff at the time of the instant fighting.

B. (1) The scope of damages (i) daily income 1,493,121 won (=81,443 won per day wage 81,443 won per ordinary city x 22 days x 25 days x 25 days / 30) 【Standard for Recognition 【Evidence 6,481,634 won / 6,000 won / 240,000 won in the future / 2.40,000 won in the case of the court’s physical appraisal of the Seoul National University Hospital) / The court’s ground for recognition / 2.40,000 won in the case of the instant fighting, such as the occurrence of the Plaintiff’s injury to the Defendant at the time of fighting, and the process and result of the instant fighting, etc. 50% of the Defendants’ liability to the Defendants.

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