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(영문) 창원지방법원 2019.03.21 2018가단108578
손해배상(기)
Text

1. The Defendant: (a) KRW 1,00,000 for each of the said KRW 6,746,340 for Plaintiff A and each of the said KRW 1,00,00 for Plaintiff B and Plaintiff C; and (b) on April 27, 2018 for each of the said KRW.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition 1) around 21:00 on April 27, 2018, the Defendant: (a) carried the Plaintiff’s head debt from the F store near Kimhae-si to the Plaintiff and the horses; (b) carried the Plaintiff’s head debt from the Plaintiff’s head; and (c) left the Plaintiff’s head on the floor; (d) continuously took the Plaintiff’s face part on drinking; and (e) put the Plaintiff’s head on the Plaintiff’s face part on a hand; and (e) put the Plaintiff, including the Plaintiff’s head debt from the Plaintiff’s head on the part of the Plaintiff; and (e) continuously walked the Plaintiff’s head on the part of the Plaintiff’s face on the part of drinking. (hereinafter “instant accident”).

(2) The Defendant was indicted on the charge of the instant accident by committing an injury to the Changwon District Court 2018 High Court Order 2245.

3) Plaintiff B and Plaintiff C are the parents of Plaintiff A. 【Grounds for Recognition】 The fact that there exists no dispute, Gap’s 1 through 5, and 7 (each entry, including each number, and the purport of the whole pleadings).

B. According to the facts of recognition as above, the defendant's act of assaulting the plaintiff A constitutes a tort, and thus, the defendant is liable to compensate the plaintiffs for damages caused by the above tort.

2. Scope of damages.

A. According to the evidence No. 4, the plaintiff A spent KRW 3,746,340 in total for the treatment of the injury suffered by the accident in the instant case.

B. The amount of consolation money to be paid by the Defendant to the Plaintiffs shall be determined as follows, comprehensively taking into account the occurrence of the instant accident, the Plaintiff’s age, and the degree of injury, as shown in the argument of the instant case.

- Plaintiff A: 3,00,000 won - Plaintiff B, and Plaintiff C: each of 1,000,000 won

C. Accordingly, the Defendant, as a result of the lawsuit, is stipulated in the Civil Act as to the Plaintiff A’s damages for tort (i.e., medical expenses of KRW 3,746,340,000), Plaintiff B, and the Plaintiff C, respectively, and each of the above payments from April 27, 2018 to January 9, 2019, respectively, by the date of serving the Plaintiff’s notice of the purport of the claim and the application for modification of the cause of the claim on January 18, 2019, respectively.

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