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(영문) 서울중앙지방법원 2017.07.05 2016나29134
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 63,070,662 as well as to the plaintiff on July 2013.

Reasons

1. Facts of recognition;

A. On July 14, 2013, the Defendant: (a) around 22:00 on July 14, 2013, the Chinese restaurant located in Gangnam-gu Seoul Metropolitan City C, where the Plaintiff, who frighted to drink as the Plaintiff, fright to drink the Defendant’s name and speaks against the Plaintiff, was 2 times at the left eye of the Plaintiff’s left eye; (b) 5 times at both sides of the inner part; and (c) 6 times at both sides of the inner part of the inner part of the inner part of the body; and (d) 35 days at the hand, the Defendant laid the inside side of the upper part of the body and the mouth of the upper part of the body that requires treatment for 35 days on the left side of the Plaintiff.

(hereinafter the Defendant’s above assault against the Plaintiff (hereinafter “instant assault”). B.

The Plaintiff spent the medical expenses and medicine expenses of KRW 7,293,485 in total, as follows, for the following reasons, from July 14, 2013 to April 18, 2015, such as the Plaintiff received hospitalization and outpatient treatment in the Gannam University Hospital from the Gannam University to the Gannam University from July 14, 2013 to April 18, 2015.

(1) 2,887,505 won (2) F fixed foreign service and 215,810 won (3) J Research Institute 1,550,00 won (4) H spirit and 2,159,670 won (5) K mental health department 268,100 won (6) medicine expenses 212,40 won

C. The Defendant was drafted as the instant assault, and deposited KRW 5 million with the deposited person as the Plaintiff in this Court No. 22567 for the purpose of compensating for damage during the investigation. After which, the Defendant was indicted as the crime of injury under this Court No. 2014Gadan884, the said court sentenced the Defendant to six months of imprisonment and one year of suspended execution on April 10, 2014, and the prosecutor appealed as the court 2014No1358, but the said court dismissed the prosecutor’s appeal on July 25, 2014, and the said judgment of the first instance court became final and conclusive on August 2, 2014.

On July 23, 2014, when the above appellate trial was pending, the Defendant deposited an additional amount of KRW 7 million in this Court No. 2014-2518 for the purpose of compensating for damage. The Plaintiff received the total amount of KRW 12 million.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 to 5, Gap evidence 10, Gap evidence 14 to 17, Gap evidence 20, and Eul evidence 20.

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