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(영문) 부산지방법원 2017.09.08 2016나41750
손해배상(의)
Text

1. Revocation of a judgment of the first instance;

2. The plaintiff's request shall be dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff's assertion and judgment

A. In collusion with D’s dentist E, the head of the planning office of the Plaintiff alleged C Hospital issued a false medical certificate of injury to D. D, and D did not constitute a violation of the Punishment of Violences, etc. Act (a deadly weapon, etc.). The Defendant, the head of the C Hospital, in collusion with the above D and E, committed the crime of interference with business, defamation, and the violation of the Assembly and Demonstration Act.

As a result, the Plaintiff was sentenced to a judgment of conviction for one year and six months of the suspension of execution due to each of the above crimes, and was rendered a judgment of not guilty on the violation of the Punishment of Violences, etc. Act (a collective weapon, bodily injury, etc.) and the violation of the Assembly and Demonstration Act through retrial.

Therefore, the defendant is liable for damages suffered by the plaintiff due to the above tort.

Therefore, the Defendant is obligated to pay to the Plaintiff one of the KRW 14,875,101,60 for damages incurred therefrom (i.e., KRW 4,906,80 for printing KRW 137,000 for the cost of transportation and lodging, and KRW 513,194,80 for the profit-making loss of KRW 12,000 for the loss of operating capital of KRW 900,800 for the loss of operating capital of KRW 12,000 for the loss of operating capital of KRW 12,00 for the loss of operating capital of KRW 875,101,60 for the loss of the Plaintiff, and the delay damages therefrom.

B. Upon examining ex officio the judgment, Article 5-2(1) of the Trial of Small Claims Act provides that “In a claim aimed at paying a certain amount of money, other substitutes, or securities, a creditor shall not divide the claim for the purpose of receiving the application of the Trial of Small Claims Act and only part of the claim shall not be claimed.”

In light of the above legal principles, the Plaintiff claimed only one of the following circumstances, i.e., the Defendant’s tort damages amounting to KRW 14,875,101,60, while asserting that there is no dispute between the parties or may be known by the purport of the entire pleadings.

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