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1. The plaintiff's appeal and the defendants' incidental appeal are all dismissed.
2. Costs by an appeal and incidental appeal.
Reasons
1. Basic facts
A. The Defendants were living in Ulsan-dong-gu D, No. 105 302, Ulsan-gu, U.S. as mother-and-child relationship, and the Plaintiff resided in No. 202, the next floor, and there was conflict between the Plaintiff and the Defendants due to noise between ordinary stories.
B. On April 15, 2014, the Defendants: (a) around the Defendants’ house and floor noise issues; (b) the Plaintiff spawned the Defendant’s spawn by cutting down the breath’s breath; (c) shouldered the Defendant C’s spawn; and (d) spawn the Plaintiff’s spathn with the face and spawn with the brush; and (d) Defendant C her face and spawn with the Plaintiff’s bpath while pushing the Plaintiff’s bpath, etc.; and (e) Defendant C her face with the drinking bpath, etc.,
C. As the Defendants’ above acts, the Plaintiff suffered injury, such as multiple divesal coordinates, bid prizes, etc., which require two weeks’ medical treatment, and the Absia of the infant requiring 31 days’ medical treatment.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination as to the cause of action
A. According to the above facts finding that the Defendants jointly and severally inflicted an injury on the Plaintiff. Therefore, the Defendants are jointly and severally liable to compensate the Plaintiff for the damages incurred by them.
B. However, the Defendants’ liability ratio is limited to 50% in light of the following circumstances, i.e., background and progress leading to the injury, which are acknowledged by comprehensively taking account of the overall purport of the evidence presented above.
C. 1) The scope of liability for damages for property damage = 348,344 won for medical expenses = 1,741,720 won x 0.2 (No. 80% for the Plaintiff, and the degree of contribution to the Plaintiff was 80% for the Plaintiff) / (which is the ground for recognition) Gap evidence 5-1 and 2, the result of the physical examination by the court of first instance for the head of the Ulsan National University Hospital Hospital at Ulsan National University at the court of first instance, and the purport of the entire argument was to seek 2,080,000 won for future medical expenses, but the Plaintiff’s evidence No. 2-3,4, and No. 6-2.