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(영문) 대전지방법원 2016.11.25 2015나5970
손해배상
Text

1.The judgment of the first instance, including a claim that has been reduced in the trial, shall be modified as follows:

The defendant.

Reasons

1. Basic facts

A. On April 15, 2014, around 16:30 on April 16, 2014, the Defendant walked on the street before the Daejeon Dong-gu C apartment complex 3 complex, and took a bath among the Plaintiff on the front side of the dong-gu Daejeondong-gu 3 complex, and took a blusium, when the Plaintiff’s blus and face part of the Plaintiff’s chest and face part were dried up to blus and drinking with the Plaintiff’s blus and drinking, and when the Plaintiff’s face was taken one time in drinking.

(hereinafter “instant harmful act”). B.

The Plaintiff suffered injury, due to the instant harmful act, such as the impairment of the character of face that needs to be treated for about three weeks, the impairment of the character of the face, the spawning on the left side of the spawn, and the spawn of the spawn on the left side of the spawn, the escape of the spawn on the right side of the s

C. On October 30, 2014, the Defendant received a summary order of KRW 3,000,000 ( Daejeon District Court Decision 2014 High Court Decision 201Da10323), and the said summary order became final and conclusive on November 21, 2014.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 2, 5, 6, 10 through 12 (including branch numbers), the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the harmful act of this case.

B. As to 1 above, the defendant argued to the effect that the defendant's liability for damages is not recognized, since the plaintiff, while taking a bath first, displayed a stick to the defendant and suffered the above injury because he did not reach his own force, and even while causing the plaintiff, the plaintiff resisted the plaintiff's face one time, and the defendant's liability for damages is not recognized. However, the above evidence and the evidence of subparagraphs 2 and 3 are not sufficient to be recognized, and there is no other evidence to acknowledge it.

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