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(영문) 서울서부지방법원 2020.12.22 2020나41327
손해배상(기)
Text

All appeals filed by both the plaintiff and the defendant are dismissed.

Expenses for appeal shall be borne individually by each person.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Occurrence of liability for damages;

A. Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 and 5 and Eul evidence Nos. 1-2 and Eul evidence Nos. 4 (CCTV video recording file), the plaintiff is liable to compensate the plaintiff for damages incurred by the plaintiff, since the plaintiff was found liable to compensate the plaintiff for the damages incurred by the plaintiff, since the plaintiff's act was committed by assaulting the defendant, so far as the defendant was pushed down so far, while working for the defendant in Mapo-gu Seoul building as security guards around July 8, 2018 (hereinafter "the assault of this case"). The defendant was charged with the crime of assaulting the plaintiff, and the defendant was tried for formal trial (Seoul Western District Court Decision 2018Da1085) to February 13, 2019.

B. The defendant alleged that the plaintiff's excessive bathing without any justifiable reasons caused only the plaintiff's removal of the plaintiff who was seated in the guard room and the plaintiff's removal of the plaintiff, and did not cause any injury. However, according to the video of the above Eul No. 4, it is sufficiently recognized that according to the video of the above Eul No. 4, the defendant's removal from the ground floor was carried out so far as it is hard for the plaintiff to make the plaintiff unsatisfy by hand, and the defendant was subject to criminal punishment only by assault, not the crime of injury, and the evidence submitted by the defendant is insufficient to accept the defendant's argument and reverse the plaintiff

2. Scope of liability for damages

A. In full view of the evidence mentioned in the above paragraph (1) and the overall purport of the arguments in the evidence evidence Nos. 2, 3, 6, and 7, the Plaintiff’s medical expenses and medicine expenses for treating the symptoms of the above injury as well as the medical expenses and medicine expenses for the aforementioned injury, and the medical expenses and medicine expenses for treating the symptoms of drums, drums, and drums, etc. from July 2018.

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