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(영문) 수원지방법원 2019.01.10 2018가단526643
손해배상(기)
Text

1. Defendant E: (a) to the extent of the property inherited from the networkF, Defendant E’s KRW 9,039,494, and its amount on May 2017, within the extent of the property inherited from the networkF.

Reasons

1. Facts of recognition;

A. On May 27, 2017, at the entrance of the “H” located in Yeongdeungpo-gu Seoul Metropolitan Government on the second floor, the networkF brought a dispute with another male and female on the ground that he/she had been in dancing with the “I” on the second floor, and the part of the net A’s chest was pushed down to the floor and went over to the floor, and caused the network A to go over about eight weeks of treatment.

B. As a result, the deceased spent KRW 9,509,232 in total for medical treatment after receiving treatment as stated in the attached Table. From July 19, 2017 to October 2, 2017, the deceased provided nursing care in the J convalescent hospital and spent KRW 2,129,000 in total for nursing expenses.

C. The deceased F was prosecuted by the Seoul Southern District Court 20187 Godan2945 on the grounds of the act described in paragraph (1) above, and the said court convicted the GF and sentenced the GF to a fine of KRW 4,00,000.

On the other hand, on May 19, 2018, the deceased on May 19, 2018, the deceased on the part of Defendant C, Defendant D and E, who is the wife, and the deceased on July 18, 2018, the deceased on the part of the deceased on the part of the heir.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 21 (including additional number), the purport of the whole pleadings

2. Determination

A. (1) According to the determination of the cause of the claim, the deceased F is obligated to compensate for the loss suffered by the deceased A as a tortfeasor.

(2) Furthermore, with respect to the scope of damages to be compensated by the deceased F, the fact that the deceased F incurred medical expenses of KRW 9,509,232 and nursing expenses of KRW 2,129,000 for the tort of the deceased F is as seen earlier.

Next, since it is apparent in light of the empirical rule that the deceased A suffered mental suffering due to the above tort committed by the deceased F, the deceased F is responsible for the monetary reward, and in consideration of all the circumstances such as the background of the injury in this case, the part and degree of the injury in this case, and the relationship between the network F and the network A, it is reasonable to determine the consolation money to be paid by the deceased F as 5,00,000 won.

(3) Accordingly, the net F.

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