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1. Of the judgment of the first instance, the part against the Plaintiff, which orders additional payment, shall be revoked.
Reasons
1. Basic facts
A. On April 17, 2015, the Plaintiff: (a) around 01:15, at the D hotel clubs located in Ulsan-gu, Ulsan-gu, Ulsan-gu, and (b) carried out physical fighting with Defendant D’s will and Simb.
(hereinafter “instant dispute”). B.
In the dispute of this case, the defendant suffered from the plaintiff's face-to-face injury, such as the escape from the upper left-hand side of the 4 weeks' face and the sto-hand side of the upper left-hand side of the sto-hand side of the sto-hand side of the sto-pto-pto-pto-pto-pto-pto-pto-
C. Due to the dispute of this case, the plaintiff was sentenced to a fine of one million won due to assault, and the defendant was sentenced to a summary order of two million won due to the crime of injury.
The plaintiff filed a request for formal trial against the above summary order, and the prosecutor revoked the public prosecution according to the defendant's non-existence of punishment and received a decision to dismiss the public prosecution.
As the defendant did not make a separate request for formal trial, the above summary order became final and conclusive as it is.
[Reasons for Recognition] In the absence of dispute, entry of Gap evidence Nos. 2, 8, 9, 10, 15, 16, 17, Eul evidence Nos. 5 and 7 (including branch numbers; hereinafter the same shall apply), the results of fact inquiries to each G dental hospital of the first instance and the first instance, the purport of the whole pleadings, as a whole.
2. Occurrence of liability for damages;
A. According to the above facts of recognition, the defendant is liable to compensate for property damage and mental distress suffered by the plaintiff due to the dispute of this case.
B. However, in addition to the whole purport of pleadings Nos. 2 and 5, if the plaintiff and the defendant's daily act committed an act, such as breathing, etc., on the ground of physical contact between the plaintiff and the defendant, the plaintiff also committed an act, such as breathing, etc., and the defendant also can be acknowledged that the defendant suffered a breath and tension with the breathum of the breathal and the tension that require treatment for about two weeks due to the plaintiff's assault. contrary to the above, each statement of evidence Nos. 11, 21, and 24 against the above is difficult to believe as it is, and there is no other counter-proof. The plaintiff including the background of the dispute, the degree of injury suffered by the defendant, the defendant's face