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(영문) 서울중앙지방법원 2015.10.13 2014가단127538
손해배상(기)
Text

1. The Defendant’s KRW 16,452,015 as well as 5% per annum from October 1, 2013 to October 13, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Defendant is a person operating a restaurant under the trade name, which is a D cafeteria, by leasing a building on the third and the first floor above the third and the second floor above the Seoul Special Metropolitan City Gwanak-gu, and the Plaintiff was employed by the Defendant from June 20, 2013 to work at the D cafeteria.

B. At around 22:05 on October 1, 2013, the Defendant abused the Plaintiff’s head at the above D restaurant by scaming the Plaintiff’s head, scaming the scam, scaming the scam, etc., and inflicted an injury upon the Plaintiff on the scams and tensions of the bones, which requires approximately 14 days’ medical treatment.

C. After the instant case, the Plaintiff received hospitalized treatment by June 26, 2014 due to acute stress response, etc. at the central university hospital, etc., and is currently under outpatient treatment.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of damages liability, the defendant is obligated to compensate the plaintiff for all damages caused by the defendant's above assault.

The Plaintiff’s assertion that the Defendant committed a sexual indecent act against the Plaintiff is not accepted, but there is no evidence to acknowledge it.

B. 1) Property damage amount: (a) The sum of KRW 28,630,039 [based on recognition] 28,630,039 in the total amount of daily wage of KRW 17,163,828 per day x 86,686 won per month x 22 days x 11,97,092 won per month x 9 months) for nine months after the accident in this case; (b) the degree of violence committed by the Defendant by the limitation of liability; (c) the extent of violence committed by the Plaintiff; and (d) the overall purport of argument as a whole, the Defendant’s liability is limited to 40% in consideration of all circumstances, such as the Plaintiff’s symptoms, etc. x 11,466,215 won per day x 9 days per month; (d) the background and degree of the injury inflicted by the Plaintiff; and (e) the Plaintiff’s age and progress of pleading in this case; and (e) the circumstances expressed in this case.

4) Ultimately, the Defendant’s emotional damages of KRW 16,452,015 (=property damages of KRW 11,452,015) to the Plaintiff.

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