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수원지방법원안산지원 2015.10.16 2015가단12666
손해배상
Text

1. As to KRW 9,432,010 and KRW 4,432,010 among the Plaintiff, the Defendant shall pay to the Plaintiff the year from August 23, 2013 to August 28, 2015.

Reasons

1. In addition to the whole purport of the pleadings in each statement in Gap evidence Nos. 1 through 5 (including each number), the defendant assaulted three times the plaintiff's right side side of the plaintiff on the ground that the plaintiff had opened the door in front of the toilet in the 23:50 of Ansan-si, Masan-si, and the 3rd floor "Drain Bank" on August 23, 2012, on the ground that the plaintiff had opened the door, and thereby, the plaintiff suffered from the injury of "Seice NOS's impairment, sprinking, sprinking, and loss of dental appliances" on the ground that the plaintiff suffered from the injury, and the defendant was indicted for summary type Nos. 2012,10480 and sentenced to a fine of KRW 1,50,000 on the charge of the above injury against the plaintiff. Thus, the defendant is liable for damages and mental harm caused by the defendant's above unlawful act.

2. Scope of liability for damages

(a) Active damages equivalent to the amount of medical expenses: KRW 4,432,010 (based on recognition), the entry of evidence No. 3, and the purport of the whole pleadings;

B. Considering the circumstances revealed in light of the overall purport of the arguments in the above-mentioned evidence, the developments leading up to the occurrence of the instant case, the parts and degree of the injury suffered by the Plaintiff, the degree of mental suffering inflicted upon the Plaintiff, and all other circumstances shown in the argument in the instant case, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by the Defendant as KRW 5,00,000.

(1) The plaintiff argues that the plaintiff should pay consolation money of KRW 20,00,000 to the plaintiff. However, the plaintiff's argument about the portion exceeding consolation money recognized as above is without merit).3. Thus, the defendant's total damages amounting to KRW 9,432,010 (i.e., KRW 4,432,00,000; KRW 5,432,000; KRW 4,32,010, which is the date of tort, shall be 5% per annum under the Civil Act from August 23, 2013 to August 28, 2015, which is the date of delivery of a copy of the complaint of this case; and the promotion of litigation from the next day to the date of complete payment.

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