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(영문) 대전지방법원 2018.07.13 2017나8300
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1...

Reasons

1. Even in a civil trial where liability for damages is not binding on the finding of facts in a criminal trial, the fact that a criminal judgment which has already become final and conclusive on the same factual basis is deemed guilty is a critical evidence. Therefore, barring any special circumstance where it is deemed difficult to adopt a factual judgment in a criminal trial in light of other evidence submitted in the civil trial, it cannot be acknowledged that the facts against the judgment are opposed

(2) In light of the above legal principles, the defendant discovered that around May 12, 2016, the plaintiff had a earth and sand that flows into the plaintiff's rice field due to the costs of the defendant's dry field and that around 2:00, around May 12, 2016, the plaintiff found that the plaintiff had a earth and sand that flows into the plaintiff's rice field due to the plaintiff's soil's expenses, and the plaintiff "I had a pipe from South Korea's dry field without permission, why she caused the wind, why she caused the wind, and why she had a pipe from the underground." In light of the above legal principles, the plaintiff and the plaintiff had a dispute with the horse, and caused the plaintiff's son's hand and damaged the plaintiff's second left-hand son and the second left-hand son's 28 days medical treatment beyond the plaintiff's floor, 2010 won's judgment of 201, 2017 won, 2017 won.

Furthermore, the evidence presented by the defendant alone cannot be seen as having been found to be difficult to find a factual judgment as above. Thus, the defendant's assertion that the defendant sufficiently recognized that the defendant inflicted the injury in this case on the plaintiff, and otherwise, that "the injury in this case suffered by the plaintiff is not caused by the defendant's assault."

Therefore, the defendant is injured by the injury of this case.

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