logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 부산지방법원 2017.02.09 2016나8593
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1...

Reasons

1. Comprehensively taking account of the overall purport of the pleadings as to the statement No. 2 of the Plaintiff’s occurrence of liability for damages, the Defendant: (a) committed an assault against the Plaintiff’s left chest part of the Plaintiff’s chest on the ground that it was bad for the Plaintiff to have the speech that “the Defendant would have received money from the Defendant D” from the Plaintiff, who was found to have been in order to urge the Defendant to repay his/her obligation on August 28, 2015, around November 11, 2015; (b) the Defendant was charged with a summary order of KRW 50,000,000,000,000 from the Busan District Court Branch Branch of the Busan District Court on the ground of the crime of the foregoing assault, and then, (c) issued a summary order of KRW 500,000,000,000,000,000,000 around that time.

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the above illegal act.

2. Scope of liability for damages

A. In full view of the purport of the entire pleadings in the statement of evidence No. 3 of medical expenses, the Plaintiff’s disbursement of KRW 87,780 to the medical expenses incurred by the instant assault on August 28, 2015 can be acknowledged.

B. The Plaintiff filed a claim for payment of KRW 500,00 from the lost income by asserting that he did not work for about two weeks due to the instant assault. However, it is insufficient to recognize that the entries in the evidence Nos. 1, 4, and 5 alone did not work for about two weeks due to the instant assault, and there is no other evidence to acknowledge that the Plaintiff did not work for about two weeks.

C. The consolation money shall be determined as KRW 500,000 in consideration of the circumstances shown in the pleadings of the instant case, such as the developments leading up to the assault of the instant case, the degree of damage suffered by the Plaintiff, and the age of the Plaintiff and the Defendant.

Therefore, the defendant, as a result, is liable for damages to the plaintiff (i.e., medical expenses of KRW 87,780,000) and its scope after the date of the above illegal act. As a result, the defendant's objection is against the existence and scope of the obligation from April 12, 2016, which is the day following the delivery date of the copy of the complaint sought by the plaintiff.

arrow