1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1...

1. Facts of recognition;

A. On August 23, 2015, around 23:10, the Defendant suffered damages to the 21-day fat that requires treatment for approximately 21 days from the Plaintiff due to the Plaintiff’s fating of the road and the Plaintiff’s fating of the road.

B. On November 11, 2015, the Defendant received a summary order of KRW 1 million from this Court (No. 2015 High Court Decision 2015 High Court Decision 19099), and the said summary order was finalized around that time.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts, the plaintiff suffered injury due to the defendant's tort, such as impairment of salves, etc., and thus, the defendant is liable to compensate the plaintiff for the damages caused by the above injury.

B. As to this, the defendant asserts that he is not liable for damages to the plaintiff on the grounds that he was not guilty or injured by the plaintiff.

In light of the above, even if the civil trial is not bound by the finding of facts in the criminal trial, the fact that the criminal trial already finalized on the same factual basis is material evidence, and thus, it is difficult to adopt a factual judgment in the criminal trial in light of other evidence submitted in the civil trial, unless there are special circumstances where it is difficult to adopt a factual judgment in the civil trial.

(see, e.g., Supreme Court Decision 97Da24276, Sept. 30, 1997). In light of the above legal principles, the facts that the Defendant received a summary order of KRW 1 million for the criminal facts that the Defendant injured the Plaintiff as above are acknowledged as seen earlier, and the evidence submitted by the Defendant alone is insufficient to adopt a final summary order (Seoul District Court Decision 2015Da19099, Jun. 30, 199).