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(영문) 수원지방법원여주지원 2020.02.06 2019가단53865
손해배상(기)
Text

1. The Defendant’s KRW 13,288,172 as well as 5% per annum from August 23, 2019 to February 6, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On June 25, 2018, around 23:40 on June 25, 2018, the Defendant: (a) received a claim from the Plaintiff, who was living in the upper floor of the apartment, around the Defendant’s house located in Ischeon-si C and D apartment E, and took a dispute with the Plaintiff’s face, and caused injury to the Plaintiff, such as the luminous bones-Insullle of the left-hand body-Insullled body for about 56 days to undergo treatment (hereinafter “the instant injury”).

(hereinafter “instant tort”). (b)

The defendant was prosecuted for the injury of Suwon District Court 2019No. 26, and the above court sentenced the defendant to imprisonment for four months on April 30, 2019.

Therefore, although the Defendant appealed as Suwon District Court 2019No244, the Defendant was sentenced to the dismissal of appeal on July 22, 2019, and again appealed as the Grand Court 2019Do11533, but was sentenced to the dismissal of appeal on September 10, 2019.

C. At the time of the instant tort, the Defendant filed a complaint with the Plaintiff on charges of committing a crime that the Plaintiff was assaulted by the Plaintiff and sustained injuries, such as dynasium (the both sides), but the Plaintiff was subject to a disposition by the Prosecutor’s Office on January 17, 2019.

[Grounds for Recognition: The descriptions of evidence Nos. 1, 2, and 7 and the purport of the whole pleadings]

2. Occurrence of and limitation on liability for damages;

A. According to the above facts of recognition of liability, the plaintiff suffered the injury of this case due to the defendant's intentional harmful act, and thus, the defendant is liable to compensate the plaintiff for the damage of this case.

B. 1) At the time of the tort in this case, the Defendant suffered injuries, such as dives, perchosiss, and per se, and thereby lost the workplace. Since the tort in this case was caused by the Plaintiff, the Defendant’s negligence or liability limitation should be set-off equivalent to 50% in determining the Defendant’s liability. However, the Defendant’s negligence and liability limitation should be set-off.

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