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(영문) 서울동부지방법원 2015.09.08 2014가단8197
손해배상(기)
Text

1. The Defendants jointly share KRW 10,452,412 with respect to the Plaintiff, and 5% per annum from December 24, 201 to September 8, 2015.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 02:10 on December 24, 201, the Defendants: (a) deemed that one of the Plaintiff’s daily activities in the front of “E” located in Gangdong-gu Seoul Metropolitan Government “E” was drunk and flown out from the toilet; and (b) on the grounds that the Defendants’ daily activities were under the influence of the Defendants, the Plaintiff committed a protest against the Defendants’ daily activities, and the Plaintiff was punished for vision.

In this process, the Defendants jointly assaulted the Plaintiff, and had the Plaintiff receive approximately 35 days of medical treatment, such as the solleys, stoves, stoves, etc.

(2) The Defendants were indicted for a violation of the Punishment of Violences, etc. Act (joint injury) by this Court No. 2012Hun-Ma985. On August 22, 2012, the said court sentenced the Defendants to a suspended sentence of two years for each of six months, and the said judgment became final and conclusive around that time.

[Grounds for Recognition: Entry of Evidence A Nos. 1 and 3-1 through 6, the images of Evidence No. 2, the purport of the whole pleadings]

B. According to the above facts of recognition of liability, the defendants are liable for damages incurred by the plaintiff due to the injury of this case as joint tortfeasor.

C. However, according to each of the evidence mentioned above, Gap evidence Nos. 12, Eul evidence Nos. 12, and Eul Nos. 11 through 6-2, the plaintiff also committed an assault against the defendants as well as his behaviors, and the plaintiff's wrong act was committed in the process of violence, and thereby, the plaintiff's act was also contributed to the occurrence of the accident or the expansion of damage of the accident of this case. Thus, the defendants' responsibility is limited to 70%.

2. Scope of liability for damages

A. According to the images of the evidence Nos. 3-1 through 5, 10, 20, and 2, the Plaintiff was employed as an employee belonging to the Korean limited liability company at the time of the instant accident. However, the Plaintiff was unable to work for at least 15 days after having paid sick leave due to the instant injury on February 2012.

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