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(영문) 대구지방법원 2017.07.12 2017나301320
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the following amount ordered to be paid shall be revoked.

Reasons

1. Basic facts

A. On May 5, 2014, around 18:10 on May 5, 2014, the Defendant, while drinking alcohol with the Plaintiff, took off the Plaintiff’s head, taken off the Plaintiff’s head, taken back the Plaintiff’s face or head, taken off the Plaintiff’s back the Plaintiff’s back the Plaintiff’s back to his wife, cut off the Plaintiff’s back the Plaintiff’s face, cut off the Plaintiff’s face to the Plaintiff’s wife, and turned out the Plaintiff’s face to the Plaintiff’s side, and turned out the Plaintiff’s face to the Plaintiff’s side to the Plaintiff’s back to the lower floor, and took part of the Plaintiff’s face and face to drinking.

In addition, around 19:10 on May 5, 2014, the defendant found the plaintiff's house and found the plaintiff's body in the plaintiff's house and found the plaintiff's head several times.

B. Due to the above case, Plaintiff A suffered injury to brain-dead sugar, etc. which requires approximately two weeks of medical treatment, and Plaintiff C suffered injury to Plaintiff C, i.e., a non-felination of felbs, etc. which requires approximately three weeks of medical treatment.

(hereinafter “the instant injury”). C.

On October 21, 2016, the Defendant was indicted for the foregoing criminal facts and was sentenced to imprisonment with prison labor for one year and six months and three years of suspended execution by the Supreme Court Decision 2015No3408 Decided October 21, 2016, and the above judgment became final and conclusive.

[Ground of recognition] Unsatisfy, Gap's entry in Gap evidence 2, 3, and 5 (including branch numbers, if any; hereinafter the same shall apply), the purport of the whole pleadings

2. The judgment of the court below on the defense of this case is justified since the defendant paid the plaintiff A KRW 300,000,000 to the plaintiff C, and agreed to conclude the compensation for damages caused by the injury of this case with the plaintiffs. Thus, the plaintiffs' claim for damages of this case is alleged to be improper. Thus, the defendant's claim is filed against the non-committee agreement, and it is so decided to the purport that the plaintiffs' assertion is unlawful.

According to the evidence evidence Nos. 1 and 2, the defendant deposited 3,000,000 won as damages for the injury of this case on August 11, 2015 by making the plaintiff A as a depositee, and the defendant deposited 3,00,000 won as damages for the injury of this case.

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