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1. Revocation of a judgment of the first instance;
2. The plaintiff's claim is dismissed.
3. All costs of the lawsuit shall be borne by the Plaintiff.
Reasons
1. Basic facts
A. On May 20, 201, the Defendant: (a) around 00:10 on May 20, 201, on the ground that the Plaintiff, who was a son of E, while drinking alcohol together with pro-Japanese, Nonparty E, F, etc. in the Seongbuk-gu, Sungnam-si, Sungnam-si, was suffering from the Plaintiff’s gathering of cushion and her bath, and collected ice to the right shoulder of the Plaintiff.
(hereinafter “instant accident”). (b)
On January 4, 2012, the Defendant issued a summary order of KRW 5,000,00 (U.S. District Court Decision 201Da26250) to the Plaintiff for a summary order (No. 201 High Court Decision 201Da26250), and around that time, the said summary order became final and conclusive.
[Ground of recognition] Facts without dispute, Gap evidence 2-2, Gap evidence 4, Gap evidence 5-1, 2, 3, 4, 5, and 6, and the purport of the whole pleadings
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff suffered injuries, such as the right revolving revolving, etc., due to the accident in this case, and caused the harm to the right, and the defendant asserts that he is liable for all damages suffered by the plaintiff as a tort, and the defendant asserts that the defendant did not claim that the plaintiff's right revolving revolving revolving is not caused by the accident in this case.
B. Determination as to the existence of causation between the instant accident and injury 1) A’s 2-1, A’s 3-2, and 3-3, the results of the first instance appraiser I’s physical examination, the results of the fact-finding conducted by the first instance appraiser I, and the results of the fact-finding conducted by the first instance court H Hospital on June 7, 201, for which the first instance court had not yet passed since the instant accident, the Plaintiff was in charge of the first instance trial on the right-hand part (the extreme part-time heat among the galle belts, was observed at H Hospital on July 28, 201, and the second part-time heat of the extreme part-time and the part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part-time part of the right-hand part-time part-time part-time part-time part-time part-time part-time part-time, and the part-time part-time part-time part-time part-time part of August 5.