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(영문) 의정부지방법원 2013.10.16 2012가단38094
손해배상(기)
Text

1. The Defendant’s KRW 1,915,582 as well as the Plaintiff’s KRW 5% per annum from June 17, 2012 to October 16, 2013.

Reasons

1. Facts of recognition;

A. 1) On June 17, 2012, around 15:30, the Defendant brought a dispute with the Plaintiff at the depository located in the apartment complex in the Jung-gu government-si apartment complex, and had the Plaintiff’s head debt, which was located there, and the Plaintiff got the Defendant’s right eye while putting his head with his hand. 2) The Plaintiff and the Defendant put their head debt with each other, put their body fighting and went back together. Accordingly, the Plaintiff suffered an injury, such as the high ion on the left side side side side side, which requires approximately 6 weeks of treatment, and the Defendant suffered an injury, such as the right gate, which requires approximately 2 weeks of treatment.

B. As a result of criminal punishment against the Plaintiff and the Defendant, the Plaintiff was sentenced to a fine of KRW 1,00,000 as the District Court Decision 2012Da2862 Decided February 14, 2013, and the Defendant was sentenced to a fine of KRW 3,00,000, and the judgment against the Plaintiff became final and conclusive, and the Defendant was appealed as the District Court Decision 2013No584 and is still pending in the appellate trial.

[Ground of recognition] The non-contentious facts, Gap 1, 2 evidence, Eul 1 and 2 evidence, and the fact-finding results of this court's fact-finding on sexual bed hospitals, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the facts found in the recognition of the liability for damages, the defendant was liable for damages caused by the injury to the plaintiff, since the defendant was fighting with one another by putting the plaintiff's head debt and fighting with his body, and caused the plaintiff to suffer the injury, such as the human fluor in the left-hand slot part, which requires treatment for about six weeks. Thus, the defendant is liable for compensating the plaintiff for the damages caused by the above injury.

B. However, the following circumstances, which can be acknowledged by comprehensively considering the aforementioned evidence and each statement of evidence Nos. 4-4-30 and evidence No. 4-30, namely, the Defendant, like the Plaintiff, did not have a good link with ordinary people as a matter of whether the Plaintiff paid membership fees as a member of an apartment complex. In relation to the above issues at the time of the instant case.

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