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(영문) 서울남부지방법원 2017.06.08 2015가단64753
손해배상(기)
Text

1. The Defendant’s KRW 3,691,798 as well as the Plaintiff’s annual rate from July 7, 2015 to June 8, 2017.

Reasons

1. Facts of recognition;

A. On July 7, 2015, the Defendant: (a) around 18:15, around the street in front of Guro-gu Seoul Metropolitan Government, left the Plaintiff, who was in a dispute over money, in both hands, and left the Plaintiff to enter the damaged gate; and (b) caused the Plaintiff to go beyond the damaged gate, thereby cutting down the bones of the bones of three fingers on the left side of the Plaintiff.

B. Accordingly, on June 9, 2016, the Defendant was sentenced to a fine of KRW 1 million in the Seoul Southern District Court Decision 2016Ma434 Decided 201.

[Ground of recognition] Facts without dispute, entry of Gap evidence 2 to 4, and 7 (including virtual number), the purport of the whole pleadings

2. Determination

A. According to the facts of recognition of the occurrence of liability for damages and the limitation of liability, since the defendant's above tort inflicted an injury on the plaintiff, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above tort.

However, according to the evidence adopted above, the defendant was aware of 20 years of investment in merchandise coupon-related business through the plaintiff and suffered damage, and the defendant was found to have committed violence against the plaintiff as above when the plaintiff was in a state where it was not good appraisal because it was filed a civil lawsuit against the plaintiff while it was lost. In full view of the relation between the plaintiff and the defendant, the motive and circumstance of the assault in this case, the degree of injury suffered by the plaintiff, and the degree of injury caused by the assault in this case, it is reasonable to limit the defendant's responsibility to 70%.

(b)In principle, the period of time for calculating the range of liability for damages shall be calculated on a monthly basis, but less than the last month and less than KRW 1 shall be discarded.

The calculation of the current value at the time of the accident shall be based on the reduction rate of the interim interest at the rate of 5/12 per month.

It shall be rejected that the parties' arguments are not separately explained.

1) Personal information on lost income : Income and operating period: the urban daily wage of the ordinary worker (the plaintiff).

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