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(영문) 서울중앙지방법원 2020.05.29 2019가단5021852
손해배상(기)
Text

1. The Defendants jointly share KRW 3,767,00 with respect to the Plaintiff and KRW 5% per annum from June 11, 2017 to May 29, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff is a person who operates a cosmetics retail business under the trade name of “D”.

B. At around 23:00 on June 11, 2017, Defendant B and the person in poor name were the head of the Plaintiff’s head as a food. Around 23:00, the F Facility G event site in Songpa-gu Seoul Metropolitan Government, the Si expenses are attached to the Plaintiff while dialogueing with the Plaintiff, the person in poor name was drinking when the Plaintiff’s face was taken several times, and the Defendant B was the head of the Plaintiff.

At around 23:50 on the same day, Defendant C expressed the Plaintiff’s face at one time on the ground that the Plaintiff expressed his desire to Defendant C, in front of the F facility 2-1.

As a result, the Plaintiff suffered throstosis and face spathy in need of treatment for about two weeks (hereinafter “the instant injury”).

C. The above B.

On October 13, 2017, Defendant B was issued a summary order of KRW 3 million (Seoul Eastern District Court 2017 High School 2017 High School 8990) due to the act in this paragraph, and Defendant C was issued a summary order of KRW 3 million due to the act in this paragraph.

The above summary order against Defendant C was confirmed as it is, and the defendant B requested formal trial, but the formal trial procedure (Seoul Eastern District Court 2017 High Court 2017 High Court 1517) had been sentenced to the same punishment on November 13, 2018 and the appeal was dismissed, and the punishment became final and conclusive.

(Seoul Eastern District Court 2018No1656, Supreme Court 2019Do9858) d.

From June 12, 2017 to June 26, 2017, the Plaintiff spent KRW 707,700 for the medical expenses of the instant injury, and spent KRW 60,000 for the expenses of issuing a medical certificate.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 4-1, 2, Gap evidence Nos. 11, 12, Eul evidence No. 5, the purport of the whole pleadings

2. Determination as to the cause of action

A. The Defendants’ respective acts of assault by the Defendants as to the summary of the Plaintiff’s assertion constitute tort against the Plaintiff. As such, the Defendants are liable to compensate for material and mental damages suffered by the Plaintiff as follows as joint tortfeasors.

1) Active damage 767,00 won (the cost of medical treatment and medical certificate issuance) 2) small damages 15,795.

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