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(영문) 대법원 2017.05.31 2015다39746
손해배상(기)
Text

The judgment below

Among them, the part concerning the claim for consolation money is reversed, and this part of the case is remanded to the Suwon District Court Panel Division.

Reasons

The grounds of appeal are examined.

1. Based on its stated reasoning, the lower court determined that it is difficult for the Plaintiff to view that the Plaintiff’s right-hand sponsing sponsing sponsing sponsing sponsing sponsing the Plaintiff’s right-hand sponsing (hereinafter “instant obstacle”) caused by the Defendant’

In light of the relevant legal principles and records, the above judgment of the court below is just, and there is no error in the misapprehension of the legal principles as to the probative value of the relevant criminal judgment, or in the misapprehension of the legal principles as to the possibility that the plaintiff's spawn evidence has deteriorated due to the defendant's assault, or in the misapprehension of legal principles as to

The facts constituting the crime of a summary order established against the defendant are that the defendant puts down the right shoulder and spons to the plaintiff, and the judgment of the court below that it is difficult to regard the right shoulder spons as a result of the defendant's act in this case's above act is not inconsistent with the facts acknowledged in the above criminal case, and thus, the plaintiff's assertion as to this cannot be accepted.

2. According to the reasoning of the lower judgment regarding the claim for consolation money, the lower court rejected the Plaintiff’s claim for consolation money on the ground that there is no causal relationship between the Defendant’s assault and the Plaintiff’s instant disability. Therefore, the Plaintiff’s claim of this case was without merit, without examining the remaining issues.

According to the evidence and records duly adopted and examined by the court below, the following facts are revealed.

① The Defendant, while drinking alcohol with other daily behaviors including the Plaintiff, laid the ice cryp used by the Plaintiff on the ground that the Plaintiff neglected himself and herself, followed the Plaintiff’s shoulder.

② The Plaintiff received medical treatment at K Hospital on the following day, and the doctor in charge at that time.

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