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(영문) 서울남부지방법원 2015.12.24 2015나6086
손해배상 등
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. The plaintiff and the defendant were legally married couple, and they were judicial divorces.

February 18, 2014, the establishment of divorce conciliation. (b)

On March 3, 2014, around 11:50 on March 3, 2014, the Defendant assaulted the Plaintiff’s head with the hand floor in front of Gangseo-gu Seoul Metropolitan Government, one time, and the Plaintiff’s head, and thus, “the injury of this case (hereinafter referred to as “the injury”).

A. A. H.D.

‘The Seoul Southern District Court issued a summary order of KRW 1.5 million for the crime of injury, and the above summary order became final and conclusive.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of claim

A. According to the above facts of recognition as to the occurrence of damages liability, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the injury of this case.

B. (1) Scope of compensation for damages: 887,223 won was incurred by the Plaintiff from March 3, 2014 to March 13, 2014 due to the instant injury and received hospitalization and outpatient treatment at the D Hospital and disbursed KRW 887,223 in total as medical expenses.

[Ground for recognition] The items in the evidence No. 4-1, 3, 4, 5, and 6 of the evidence No. 4-1, 5, and the purport of the whole pleadings (2): 36,640 won (i.e., daily wage of an ordinary worker of KRW 84,160, or daily wage of KRW 84,160 shall be discarded, as sought by the plaintiff, or as requested by the plaintiff, less than ten won shall be discarded: x 4 days from March 4, 2014 to March 7, 2014). The plaintiff received hospitalized treatment at D Hospital for four days from March 4, 2014 to from March 7, 2014 due to the injury of this case. The plaintiff can obtain income equivalent to the unit wage of an ordinary worker of the city during the period of hospitalization. Thus, the daily income shall be calculated based on the unit wage of an ordinary worker of the city.

[Ground of recognition] Evidence No. 3, Evidence No. 4-1, the purport of the whole argument, (3) the background of the injury of this case, the part and degree of the injury of this case, the plaintiff's age, the relationship between the plaintiff and the defendant, and all other circumstances shown in the argument of this case.

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