Text
1. The Defendant’s KRW 7,284,347 as well as the Plaintiff’s annual rate of KRW 5% from May 28, 2014 to August 11, 2015.
Reasons
1. Basic facts
A. 1) On November 25, 2013, the Defendant: (a) around 15:20 on a permanent residence city, and around November 25, 2013, on the ground that the Plaintiff’s head was not installed on the roof of the instant house and rainwater became a window of the Defendant’s house; (b) caused a gap between the roof of the said warehouse and the warehouse walls, and damaged the said roof and the wall. (c) The Plaintiff prevented the Defendant from removing the warehouse roof as above, and caused the Plaintiff to remove the warehouse roof as the Nomlue Do; and (d) the Defendant caused the injury, such as brain dust, which requires approximately three weeks’ treatment to the Plaintiff on two occasions, by taking about two occasions the Plaintiff’s head as the Nomlue Do, the length of which is about 77 cm.
(hereinafter referred to as “instant tort”) B.
On June 20, 2014, the defendant was sentenced to a suspended sentence of two years on June 20, 201, and the above judgment became final and conclusive around that time.
C. On January 11, 2014, the Plaintiff filed a lawsuit with the Defendant seeking the payment of damages and damages for delay due to the instant tort under the 2013Garo 4661, the Daegu District Court’s Permanent Residence Court, but on December 24, 2013, the Defendant and the Defendant paid the Plaintiff KRW 5,856,00 as compensation for damages due to the instant tort, and the Defendant paid the Plaintiff KRW 5,856,00 as compensation for damages due to the instant tort for seven months thereafter (hereinafter “instant agreement”), and withdrawn the said lawsuit on the same day.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-1, 2, 3, and 4, the purport of the whole pleadings
2. The defendant's defense prior to the merits stated that the lawsuit of this case is unlawful as there is no benefit in the protection of rights, since the defendant agreed to file a lawsuit on the tort damages incurred by the tort of this case with the plaintiff. However, at the time of the agreement of this case, the plaintiff is liable to compensate for damages incurred by the tort of this case