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(영문) 대전지방법원 2015.06.12 2014나107312
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The defendant is a person who was a member of the H church located in G when he goes through, and the plaintiff was in charge of a member of the H church in the above church.

B. At around 11:00 on August 11, 2013, the Defendant: (a) intending to enter the lecture for worship at the above church; (b) on the ground that the Plaintiff, in front of the lecture, was fluored with the instant fluor card for reasons of church misconduct, etc. and prevented the Defendant from entering the lecture room; (c) fluoring the Plaintiff’s body part of the Plaintiff’s body which was ancillary thereto with the left part; and (d) fluoring the Plaintiff by unfolding the Plaintiff into the part of the left part; and (c) accordingly, the Defendant fluoral and fluoral coordinate, which requires approximately 10 weeks of treatment.

(hereinafter “instant tort”). C.

On February 12, 2014, the Defendant was indicted for an injury to red support of the Daejeon District Court due to the instant tort, and was sentenced to a suspended sentence of one year and 120 hours for community service work on June 12, 2014 (Seoul District Court Daejeon District Court Decision 2013Hadan903), and the said judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2, 3, and 10 (including each number; hereinafter the same shall apply), the purport of the whole pleadings

2. Determination

A. 1) According to the above facts of recognition of liability, the defendant is liable to compensate the plaintiff for damages caused by the tort of this case. 2) In full view of the above evidence, Eul evidence, Eul evidence Nos. 2-4, 7, and 8, Eul evidence No. 2-5, and the purport of the whole pleadings as a whole, it can be acknowledged that some of the members of the H church including the plaintiff at the time of the tort of this case interfere with the defendant's worship. Considering this, it is reasonable to limit the defendant's liability to 90%.

B. 1) The range of compensation for damages is 1) The basic gender of a female worker: The age at the time of the I’s accident: The Plaintiff shall be the Plaintiff in 24.61, and the Plaintiff shall be the Plaintiff.

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