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(영문) 부산지방법원 2016.03.29 2014가단230289
손해배상(기)
Text

1. The Defendant paid KRW 5,622,830 to the Plaintiff KRW 5% per annum from October 15, 2013 to March 29, 2016.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) around 01:00 on October 15, 2013, the Defendant suffered bodily injury, such as an injury on the right angle of the inner part, which requires medical treatment for about 56 days, to the Plaintiff, when the Plaintiff was in front of the hotel D and E hotel in Busan Metropolitan City, and the Plaintiff was in front of the hotel, and was in front of the Plaintiff. The Defendant was in his hands at a time when the Plaintiff was pushed down and was pushed down with breath in his breath, etc. with the Plaintiff’s breath, etc. by drinking and spathing the Plaintiff’s face, etc. due to drinking and spathing.

(B) On February 5, 2014, the Defendant was sentenced to imprisonment with prison labor for one year and two years of suspended execution in the Dong branch of the Busan District Court. The judgment became final and conclusive at that time.

[Reasons for recognition] According to the above-mentioned facts, Gap evidence 5-2, Eul evidence 5-3, Gap evidence 6-1, 2-2, and the purport of the whole pleadings (2). The plaintiff suffered a bodily injury due to the defendant's assault, and thus, the defendant is liable to compensate for the damages suffered by the plaintiff.

B. Limit of liability: (a) as seen earlier, the Plaintiff first became aware of having committed assault against both parties; and (b) the Plaintiff was sentenced to six months of imprisonment with prison labor and one year of suspended execution due to the Defendant’s crime, and thus, limited the Defendant’s liability to 70% of the amount of damages.

2. Scope of damages.

(a) Written medical expenses 6,604,049 won (excluding medical expenses not exceeding 1,00 won, excluding evidence 1 through 5, evidence 2-1 through 5, evidence 3-1 through 5, evidence 4-1 through 5, and evidence 4-1 through 5, except for overlapped medical expenses accounts) ;

B. Although the Plaintiff appears to the purport of claiming the amount of lost income, the Plaintiff did not present specific arguments and proof regarding the demand for the amount of net income, this part is without merit.

C. The defendant's liability limitation ratio: 70%

D. (1) The causes and progress of tort for the reasons considered in light of consolation money, the injury suffered by the Plaintiff, and the extent and degree thereof, and other reasons.

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