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(영문) 서울남부지방법원 2016.06.08 2015가단201088
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 5,016,00 per annum from May 12, 2016 to June 8, 2016 and the next day.

Reasons

Facts of recognition

At around 22:30 on January 16, 2014, the Defendant: (a) among the attempts that the Plaintiff (Es) took a ceremony at the House of “D” located in Gangseo-gu Seoul Metropolitan Government, and expressed his desire to walk the table to the Defendant while under the influence of alcohol; and (b) made a dispute with the Plaintiff.

During that period, while the plaintiff and the defendant were in dispute with the outside of the restaurant, he abused the plaintiff's breath by booming the plaintiff's breath.

(hereinafter “instant assault.” The Defendant was sentenced to a summary order of fines issued on April 29, 2014 in Seoul Southern District Court 2014 Highly 4900 assault due to the criminal facts set forth in the preceding paragraph, and became final and conclusive around that time.

On January 17, 2014, the Plaintiff received the diagnosis of “culp and human salt, tensions,” from the culp and tensions, and on January 20, 2014, the Plaintiff received the diagnosis of “culp and tensions on the left side of the culp and the culp of the culp of the upper right side of the culp.”

According to the results of the physical examination in this case, the Plaintiff is presumed to have suffered an injury in the process of the assault in this case, such as “the pain and chilling of the 7th parallel parallels,” and “the left-hand side of the upper right-hand side of the 7th parallels” (hereinafter “the injury in this case”), and the subsequent treatment costs of the dental portion therefrom are equivalent to KRW 3,770,000.

[Grounds for recognition] In light of the above facts without dispute, Gap 1 through 5, Eul 11 through 13, Eul 1 through 4, Eul 1 through 4, the result of the physical examination commission to the KITol Seoul Hospital (hereinafter “the result of physical examination of this case”), witness F’s testimony, and the purport of the whole oral argument, the defendant is liable for damages suffered by the plaintiff due to the tort, such as the assault of this case.

The Plaintiff alleged lost income within the scope of liability for damages was engaged in a small-sized selective distribution business at the time, and did not engage in two months due to the instant assault.

In addition, according to the results of the physical appraisal of this case, 14% of the labor ability for the next six months from the date of appraisal ( February 29, 2016).

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