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1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from March 29, 2019 to November 13, 2019; and (b) the Plaintiff.
Reasons
1. Facts of recognition;
A. On September 4, 2018, around 11:15, 2018, the Defendant: (a) caused an accident involving the Plaintiff’s tent from the frontway in Kimhae-si, operated by the Plaintiff to the Ethrosting vehicle; and (b) caused injury to the Plaintiff, such as the Plaintiff’s pelke and the damage to the left-hand side of the left-hand gate, by putting the Plaintiff’s face requiring the apology more than twice as drinking, and again taking the face via drinking.
(B) The above assault by the Defendant (hereinafter referred to as “the instant assault”).
On February 13, 2019, the Defendant was indicted for the instant assault and was sentenced to a four-month conviction (2018 Gowon District Court 2363), and the Defendant’s appeal (2019No435) against the said judgment and the final appeal (2019Do8084) were all dismissed.
C. The Plaintiff, due to the instant assault, hospitalized in the Changwon University Hospital from October 16, 2018 to October 22, 2018, and undergone a 3,375,555 won (i.e., the sum of 2,680,545 won in the Changwon University Hospital and KRW 525,410 in the G Hospital 169,600).
피고는 이 사건 폭행 당시 자신도 원고로부터 손가락이 꺽이는 등 폭행을 당하여 상해를 입었다며 원고를 고소하였으나, 원고는 창원지방검찰청에서 불기소결정(혐의없음)을 받았다.
【Ground of recognition】 Each entry of evidence Nos. 1 through 19, 21, 22 (including paper numbers) and the purport of the whole pleadings
2. Determination
A. According to the facts found in the above portion of claim for property damage, the Defendant is obligated to compensate the Plaintiff for medical expenses incurred by the instant assault and the loss equivalent to the lost profit. The Plaintiff spent medical expenses of KRW 3,375,555 due to the instant assault, as seen earlier. The lost profit accrued from the Plaintiff’s failure to work during the period of hospitalization at the Changwon University Hospital was KRW 826,910 (=118,130 as of September 1, 2018 x 7 days).
After discharge, the Plaintiff is released.