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(영문) 서울북부지방법원 2016.01.12 2015나3387
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. Occurrence of liability for damages;

A. The facts of recognition (1) Around August 8, 2012, the Defendant’s wife leased and resided in the house owned by the Plaintiff, and the Defendant, around 17:40 on August 8, 2012, committed assault (hereinafter “the instant assault”) by gathering a knife, which is a dangerous object that was kept on the said store, as a result of the refund of the lease deposit and the collection of the house in Nowon-gu in Seoul Special Metropolitan City, as a result of the refund of the lease deposit and the house repair of the Plaintiff’s wife, and threatening the Plaintiff to fright up with the Plaintiff, thereby threateninging the Plaintiff to fright down (hereinafter “instant assault”).

(2) The Defendant was issued a summary order for the foregoing facts constituting the crime, but filed an application for formal trial with the Busan District Court Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Branch Office, and was sentenced to a fine of KRW 1 million and confiscation on April 15, 2013. Accordingly, the Prosecutor appealed with the Busan District Court Branch Office Branch Office 2013No125, Jun. 27, 2013 and the said judgment became final and conclusive on July 5, 2013.

[Ground of recognition] Facts without dispute, Gap evidence 7-1 and Eul evidence 7-2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant committed a tort by committing the assault of this case against the plaintiff. Thus, the defendant is liable to compensate all damages suffered by the plaintiff due to the assault of this case.

2. Scope of damages.

A. The Plaintiff claimed compensation for damages that incurred KRW 950,00 from the Defendant’s assaulting that the Plaintiff sustained an injury in need of medical treatment for 14 days, and thus, according to each of the statements in evidence Nos. 3 and 6, the Plaintiff was diagnosed on August 11, 2012, which was after the instant assault and received hospital treatment by August 24, 2012 from that time, from that time, after being diagnosed by culpum satitiss, etc. requiring medical treatment for 14 days. However, in light of the above fact that the Defendant was subject to criminal punishment only for special assault, the cause for the Plaintiff to receive hospital treatment was caused by the instant assault.

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