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1. The defendant's appeal and the plaintiff's incidental appeal are all dismissed.
2. The costs of appeal shall be borne by the defendant.
Reasons
1. Comprehensively taking account of the respective descriptions of evidence Nos. 1, 2, and 13 as well as the overall purport of the pleadings, the Defendant, on January 29, 2017, was found to have inflicted an injury on the Plaintiff, such as the mouth of a sloping in consideration of the Plaintiff’s head part, being towed by the front part of the Plaintiff’s head part, which was kept by the customers in the Busan Shipping Daegu, under the right part of the Plaintiff’s fighting in the “C” club located in Busan Shipping Daegu, and was towed by the front part of the Plaintiff’s face part of the Plaintiff’s body due to drinking and growth. Therefore, the Defendant is liable to compensate the Plaintiff for damages
In regard to this, the defendant alleged that the assault of this case was for the purpose of defending the defendant by causing the plaintiff to assault the defendant first, by taking the head debt as his hand, etc. However, the statement of the evidence No. 1 alone is insufficient to recognize the defendant's argument, and there is no other evidence to acknowledge it otherwise.
Therefore, the defendant's above assertion is without merit.
2. Scope of liability for damages
A. Comprehensively taking account of the respective descriptions of evidence and the purport of the entire pleadings as stated in subparagraphs 3 through 11 of Article 3 of the positive damage (7,587,190 won), the Plaintiff, due to the instant assault, received treatment at the D Hospital, etc. located in Sungnam-si from April 13, 2017 to August 28, 2017, and spent KRW 7,587,190 in total as medical expenses.
B. Comprehensively taking account of the purport of evidence evidence evidence Nos. 3, 5, 6, 7, and 12 (3,500,000) and the purport of the entire pleadings, the Plaintiff received respectively hospitalized treatment from the Furology clinic located in Seongbuk-si from April 13, 2017 to April 20, 2017, from the hospital located in Seongbuk-si from July 31, 2017 to August 2, 2017, from the hospital located in Seongbuk-si from August 2, 2017, from the Furology located in Seongbuk-si to August 19, 2017, the Plaintiff obtained approximately KRW 3,50,000 monthly average of KRW 3,50,000, KRW 159,09, KRW 200, KRW 400, KRW 500, KRW 400, KRW 500, KRW 40,000, KRW 50,00.