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(영문) 인천지방법원부천지원 2017.05.19 2016가단29267
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from April 20, 2017 to May 19, 2017 to the Plaintiff.

Reasons

1. According to the evidence Nos. 1 through 4 of the Plaintiff’s liability for damages, the Defendant, around 22:45 on June 18, 2016, was under the influence of alcohol in the subway 9-line electric vehicles running from the Ganyang Station in Gangseo-gu Seoul Metropolitan Government, for the purpose of taking care of the Plaintiff’s face and drinking without any justifiable reason (hereinafter “the instant assault”). The Plaintiff suffered injury, such as the closure of the bones, etc. of the bones, which requires approximately three weeks of medical treatment due to the instant assault, and the Plaintiff discharged the Plaintiff from the hospital affiliated with the Gannam National University on June 26, 2016 after being hospitalized in the Gannam National University’s affiliated university affiliated with the Gannam University with a general anesthesia hospital on June 27, 2016.

According to these facts, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the assault of this case.

2. Damages;

A. The Plaintiff asserts that the Plaintiff spent KRW 1,000,000 for the transport cost while entering the hospital for treatment of treatment of the instant assault, and sought compensation for such expenses. However, there is no evidence to prove that the transport cost was paid as alleged by the Plaintiff. Therefore, this part of the Plaintiff’s assertion is without merit.

B. The Plaintiff asserts that the instant assault caused the actual income of KRW 3,500,000 between three months, and sought compensation against the Defendant. However, it is insufficient to recognize that the entries in the evidence Nos. 5 and No. 6 alone occurred, and there is no other evidence to acknowledge this, the Plaintiff’s assertion on this part is without merit.

C. The Plaintiff is seeking compensation of KRW 25,000,000 as consolation money for mental impulses caused by the instant assault.

Considering the circumstances revealed in the arguments of this case, such as the background of the assault of this case, the degree of damage therefrom, etc., consolation money shall be set at KRW 10,00,000.

Therefore, the defendant shall pay consolation money to the plaintiff 10,000.

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