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(영문) 광주지방법원 2020.04.23 2019나3215
손해배상(기)
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Defendant is raising a dog at his residence in Jeonnam-gun C, Jeonnam-do.

B. Around 07:00 on September 23, 2018, the Plaintiff suffered bodily injury, such as an open upper part of a chest knee, which requires treatment for about two weeks from the dog that the Defendant was growing, where he had been living in front of the Defendant’s residence (hereinafter “instant accident”).

The above dog raised by the Defendant was in the state of not wearing a neck or a dog at the time of the instant accident.

C. Meanwhile, on the other hand, the Defendant was indicted on charges of causing injury by negligence due to the instant accident and received a summary order of a fine of KRW 700,000 on November 30, 2018, and the said summary order became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination on the cause of the claim

A. In full view of the purport of the arguments in the facts acknowledged prior to the occurrence of the liability for damages, the Defendant, despite the fact that there was a duty of care to prevent any dog from being injured by wearing a dog or a dog in managing the dog, etc., the Defendant suffered significant injury to the Plaintiff due to the instant accident involving the Plaintiff by leaving the dog alone while leaving the dog alone without wearing a dog or a dog, etc., and causing the dog to go to the Plaintiff.

Therefore, the defendant is liable for damages inflicted upon the plaintiff as the possessor of an animal under Article 759 of the Civil Act.

B. Scope of damages (based on recognition) : 1,075,300 won (the medical expenses of KRW 1,003,100 medicine expenses of KRW 72,200) for 1,075,30 won (the medical expenses of KRW 1,003,100) : The amount recognized as referring to all the circumstances shown by the date of closing argument of the instant case, including the background of the instant accident, the degree of injury of the Plaintiff, the age and gender of the Plaintiff, and the progress of treatment: 50,000 won for 3 passive damages:

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