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1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.
2...
Reasons
1. Basic facts
A. The Plaintiff is a person running a restaurant called “D” in Seoul Jung-gu, Seoul, and the Defendant is a person running the restaurant “E” next to the above restaurant.
B. At around 20:30 on May 17, 2016, the Defendant: (a) sustained 22-day medical care in the street of “D” operated by the Plaintiff on the ground that the Plaintiff’s restaurant customer parked his/her vehicle in front of the Defendant’s “E” restaurant and caused the Plaintiff to get off his/her vehicle to his/her customers; (b) in a dispute with the Plaintiff, he/she went against the Plaintiff’s body one time in his/her hand, resulting in the Plaintiff’s injury, such as satum and satum for 22-day medical treatment.
(hereinafter referred to as “instant harmful act”). C.
On December 21, 2016, the Defendant was sentenced to a fine of one million won due to the above criminal facts at the Seoul Northern District Court (No. 2016 High Court Decision 2260) and the above judgment became final and conclusive.
[Ground of recognition] Unsatisfy, entry of Gap evidence 1, 2, and 19, substantial facts in this court, the purport of the whole pleadings
2. Determination on the cause of the claim
A. The plaintiff alleged that the plaintiff did not operate the restaurant due to the harmful act of this case, the medical expenses and nursing expenses were spent, and the mental suffering was inflicted, and the defendant should pay to the plaintiff the total amount of damages [the plaintiff 9,95,238 won [the average monthly income of the plaintiff 5,398,750 won x 22 days in medical treatment period ± 30 days in medical treatment and nursing expenses ± 4,036,155 won (the medical expenses 3,536,155 nursing expenses 50,000 won)] and damages for delay.
B. According to the above acknowledged facts, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case.
C. 1) The Plaintiff’s income amount as the Plaintiff’s income was earned by 5,398,750 won per month while operating “D”.