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(영문) 춘천지방법원 2018.01.25 2017가단50399
손해배상(기)
Text

1. The Defendant: (a) paid 15,524,985 won to Plaintiff A; (b) 2,00,000 won to Plaintiff B; and (c) paid 2,00,000 won to Plaintiff B, on March 27, 2016.

Reasons

1. The following facts do not conflict between the parties, or are acknowledged in full view of Gap evidence 2, Gap evidence 3-1, Eul evidence 3-2, and Gap evidence 4, and the whole purport of the arguments as a result of the court's commission of physical examination to Tol University Seoul Epia Hospital, and there is no counter-proof.

On March 27, 2016, the Defendant: (a) went to a trial for the parking of Plaintiff A and vehicles; (b) served Plaintiff A’s face as head; and (c) assaulted Plaintiff A’s face as head by bating bat with bats; and (d) assaulted Plaintiff A’s face as drinking.

(hereinafter “instant accident”). B.

As a result of the instant accident, Plaintiff A suffered from the injury of the shuttle of the inner wall of the left-hand side, the left-hand side, and the floor shuttle, and there are symptoms to be observed at the 30 degrees of Gyeong-do from the upper 30 degrees of Gyeong-si on the upper side, and the labor ability loss rate is 0%.

C. The plaintiff B is the spouse of the plaintiff A.

2. According to the above facts of recognition as to the duty to compensate for damages, the defendant shall be liable to the plaintiffs for damages caused by the accident of this case.

3. Determination on the amount of damages

A. The Plaintiff asserted that KRW 204,510, which was paid for physical examination entrusted by this court, is the cost for the instant lawsuit, and thus, this part of the claim is without merit. This part of the claim is without merit.

B. Comprehensively taking account of the overall purport of arguments in the statements in Gap evidence 3, Gap evidence 5, Eul evidence 6, and Eul evidence 8, the plaintiff Gap was hospitalized from March 27, 2016 to April 1, 2016 due to the instant accident, and from April 4, 2016 to April 15, 2016; the plaintiff was not paid benefits of April 7, 2016; the plaintiff was not paid benefits of 20,706 won on August 8, 2016; and the plaintiff was paid benefits of 20,706 won on January 2016.

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