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(영문) 서울남부지방법원 2019.11.08 2019나52889
손해배상(기)
Text

1. As to the appeal against the principal lawsuit and counterclaim by the Plaintiff (Counterclaim Defendant) and the principal lawsuit and counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

1. The grounds for appeal against the plaintiffs and the defendant's main lawsuit and counterclaim of this case are not different from the allegations in the first instance court, and the fact-finding and decision of the first instance court are justified even if each evidence submitted to the first instance court was presented to this court.

The reasoning of the judgment of this court is as follows: "The defendant alleged that the body of the plaintiff A and the punishment for the defendant is a self-defense, as it was conducted at the level of defense in the situation where the plaintiff Gap administered garbage, uses violence, and takes a bath to the defendant. However, even if the plaintiff first induced a physical fighting by assaulting the defendant, the defendant's injury against the plaintiff is not a mere self-defense because it constitutes an active act of attack, and even if the plaintiff first caused the physical fighting by assaulting the defendant, the defendant's injury to the plaintiff A cannot be viewed as a mere self-defense." The fourth 18th th 14th 11th st st th 18 st 19 " shall be added" and it is identical to the reasoning of the judgment of the court of first instance except where the plaintiff "the plaintiff" is "the plaintiff" as "the plaintiff."

2. In conclusion, the judgment of the court of first instance is justifiable, and the plaintiffs' appeal against the principal lawsuit and counterclaim of this case and the defendant's incidental appeal are all dismissed as it is without merit. It is so decided as per Disposition.

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