(영문) 수원지방법원 2016.08.18 2015나42176

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(영문) 수원지방법원 2016.08.18 2015나42176

손해배상(기)

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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. Occurrence of liability for damages;

A. The following facts do not conflict between the parties, or each entry in Gap evidence 1, 2, 3, and 4-1, and 4-2 and part of Eul evidence 8 may be acknowledged by adding up the whole purport of the pleadings to the whole entries, and any entry in Eul evidence 8 against it is difficult to believe that part of Eul evidence 8 is recorded, and there is no other counter-proof.

1) On January 18, 2015, around 18:40, the Defendant: (a) operated a car at the first floor parking lot of Earart 1019-237, Eargu, Gaba-gu, 1019-237, and went into a parking lot; (b) caused the Plaintiff and the Plaintiff to talk by hand; and (c) caused the Plaintiff’s injury, such as satch dump, etc., requiring approximately two weeks of treatment as he did so (hereinafter “the instant harmful act”).

(2) As to the instant harmful act, the prosecutor claimed a summary order against the Defendant as the crime of injury. On April 22, 2015, the Suwon District Court issued a summary order of KRW 1,000,000 (No. 2015 high-class3724) to the Defendant, and the said summary order became final and conclusive around that time.

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff as the victim for the damages suffered by the plaintiff due to the harmful act of this case.

2. Scope of liability for damages

A. Comprehensively taking account of the overall purport of the arguments in the statements No. 4-1 and No. 2, it is acknowledged that the Plaintiff spent KRW 135,260 to cure the injury inflicted by the harmful act of this case.

B. However, the Defendant’s liability is limited to 90% of the Defendant’s liability, taking into account all the circumstances before and after the Defendant committed the instant harmful act, the background leading to the instant harmful act, and the fact that the Plaintiff and the Plaintiff appear to have committed the instant harmful act while entering into dispute, etc.

C. On the other hand, on the one hand.

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