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(영문) 서울중앙지방법원 2020.05.21 2019나58973
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Defendant B, which exceeds the following amount ordered to be paid, shall be revoked.

Reasons

1. Determination as to the plaintiff's claim against the defendant B

A. (1) On November 4, 2018, the Plaintiff suffered an inspection, etc. in need of approximately two weeks’ medical treatment in the middle of 25kg of the weight of Defendant B, while taking care of the mouth and taking care of the mouths in the mountain in the vicinity of Yang Jae-gu Seoul Seocho-gu, Seoul. (hereinafter “instant accident”) around 23:30 on November 4, 2018 (hereinafter “instant accident”).

2) [Reasons for recognition: (a) Defendant B caused the instant accident by negligence, such as neglecting to take safety measures, such as cutting off the fat dog, fat dog or fat line, which was caused by the fat, the Plaintiff is liable to compensate for the damages incurred by the fat.

B. Damage from medical expenses and medicine expenses: 237,260 won (written evidence No. 4) incurred by the Plaintiff from November 5, 2018 to January 24, 2019 (based on recognition) incurred by the Plaintiff from November 5, 2018 to January 24, 2019; and 120,000 won for medical expenses paid by the Plaintiff from Defendant B, the amount of the Plaintiff’s damage is KRW 117,260 for the Plaintiff’s medical expenses. Further, even if the Plaintiff sought for the payment of medical expenses and medicine expenses incurred by the Plaintiff, it is difficult to find a proximate causal relationship between the treatment and the instant accident only with the evidence submitted by the Plaintiff. 2) Damage to Cheongbaba: Damage caused by the instant accident to the Plaintiff’s Cheongbaba (written evidence No. 3), and the amount of damage is KRW 60,000.

(3) Compensation money under Article 202-2 (2) of the Civil Procedure Act: (a) In light of the background and result of the instant accident, the part and degree of the injury suffered by the Plaintiff, and other circumstances revealed in the argument of the instant case, it is reasonable to determine the amount of consolation money to the Plaintiff as KRW 500,000. 4) In addition to the amount of damages recognized as above, the Plaintiff is also liable to reduce the amount of consolation money, as well as

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