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(영문) 울산지방법원 2016.11.23 2015나2126
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the amount ordered to be paid below shall be revoked.

Reasons

1. Occurrence of liability for damages;

A. The facts of recognition (1) on November 4, 2014, the Defendant, at the 4th floor office located in the Busan metropolitan area C, demanded correction from the Plaintiff, who is a subordinate employee, who was taking rest in the country where he was able to play the music at the 4th floor office of "D" located in the Busan metropolitan area, and was in the state where he was able to do so. However, the Plaintiff, at the Defendant’s request, continued to take rest in the country where he was able to do so.

Accordingly, the Defendant, as a member of his subordinate staff, took the Plaintiff’s head kne with hand, sealed the Plaintiff’s head kne with hand on the wall and knee, cut the Plaintiff’s head kne with his head kne, and took the Plaintiff’s face by drinking, etc., and caused injury to the Plaintiff, such as double feas, feas, feas, etc., requiring treatment for about three weeks (hereinafter “the instant injury”).

(2) On July 8, 2015, the Defendant was indicted for committing the above injury, and was sentenced to a fine of KRW 3.5 million (Seoul District Court Branch 2015MaMa61). The above judgment became final and conclusive around that time.

[Ground of recognition] Facts without dispute, Gap evidence 1, 7, 8 (including branch numbers if there are branch numbers; hereinafter the same shall apply), Eul evidence 13, significant facts in this court, the purport of the whole pleadings

B. According to the above facts of recognition, the defendant is liable to compensate the plaintiff for damages caused by the injury of this case as a tort.

2. Scope of liability for damages

(a) Wronh treatment costs: According to the overall purport of evidence Nos. 2, 3, and 4, as stated in the evidence Nos. 1,613,60, and all pleadings, the Plaintiff may recognize the fact that the Plaintiff disbursed KRW 1,200,00 from the Shipping White Hospital at the Human University to treat the instant injury from November 4, 2014, and KRW 1,520,520,520,5,000 on November 5, 2014, and KRW 70,260 on August 8, 2014, and KRW 50,140 on January 20, 2015, and KRW 50,00 on November 5, 2014 to November 10, 2014; and KRW 70,740 on December 5, 2014 to the hospital, respectively.

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