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(영문) 부산지방법원 2016.05.19 2014가단54744
손해배상(기)
Text

1. The Defendant’s KRW 4,413,824 as well as the Plaintiff’s annual rate of KRW 5% from July 4, 2014 to May 19, 2016.

Reasons

1. Facts of recognition;

A. From June 14, 201 to July 13, 2011, the Plaintiff was an unconvicted prisoner pending in the Busan detention center, and was residing in the medical treatment and custody center located in the public medical treatment and custody center located in the public medical treatment and custody center. The Defendant was also an unconvicted prisoner pending in the public medical treatment and custody center from June 16, 201 to July 15, 201.

B. On July 6, 2011, around 13:40, in the above medical treatment and custody center, the Plaintiff and the Defendant fighting each other’s body fighting fighting with the Simbae, and during this process, the Plaintiff suffered injury, such as the right side, the frame, the pelvis, and the degree of damage, in response to the Defendant (hereinafter “instant accident”).

Meanwhile, in the process of the above dispute, the plaintiff also suffered the face that requires a stable price, and the nose's straw.

C. On September 26, 2011, the Daejeon District Court rendered a summary order of KRW 500,000 to the Plaintiff, and a fine of KRW 3 million to the Defendant, as to the above mutual assault, and the Defendant did not dispute the above and confirmed it as it was, but the Plaintiff was finally affirmed.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 7 evidence (including branch numbers in case of additional number) and the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the instant accident occurred in the amount of KRW 1,767,280 (i.e., expenses for initial medical expenses, opinions, and expenses for issuing a medical certificate of injury KRW 450,00,00 in Busan Hospital’s medical treatment, hospitalization, surgery, meal expenses, etc.). As such, the Plaintiff sought payment of KRW 1,317,280,00 in the amount of the medical expenses. As such, the Plaintiff was suffering from severe aftermath (i.e., re-operation due to her ability to prevent the brain, her visual damage) and sought payment of KRW 20,000,0

B. The plaintiff alleged in the defendant committed violence by the defendant first while going against the defendant, and the defendant suffered losses, such as being consistent with the process of setting up against the defendant.

Of the damages claimed by the plaintiff, 450,000 won is recognized.

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