logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울북부지방법원 2016.09.28 2015가단49276
손해배상(기)
Text

1. The Defendant’s KRW 3,465,318 as well as the Plaintiff’s KRW 5% per annum from August 16, 2014 to September 28, 2016, and September 29, 2016.

Reasons

Basic Facts

On August 16, 2014, the Plaintiff and the Defendant met with each other in front of the C Hospital located in Southern-si.

The defendant, approximately five weeks of treatment to the plaintiff, was in 2000 won near the left-hand 4th century, and the plaintiff assaulted the defendant.

On May 15, 2015, the Defendant was sentenced to a fine of KRW 2 million for the crime of assault and assault and assault against the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes) and the Act on the Aggravated Punishment, etc. of Specific Crimes (Aggravated Punishment, etc. of Specific Crimes). The Defendant was sentenced to a suspended sentence for one year, and the Plaintiff was sentenced to a fine of KRW 2 million for the said crime.

The judgment of the court of first instance against the defendant was finally binding, but the plaintiff was sentenced to a fine of KRW 50,000 in the judgment of the court of appeal 2015No1483, Nov. 27, 2015.

【Unfounded grounds for recognition】 In light of the above facts, the evidence No. 2, and the purport of the entire pleadings, the Defendant is liable to compensate the Plaintiff for damages due to the tort.

In regard to this, the defendant asserts that the plaintiff suffered the wife in the process of setting up against the plaintiff's violence and constitutes self-defense. However, there is no evidence to acknowledge this, and the defendant's above assertion is without merit.

The Plaintiff was hospitalized from August 1, 2014 to January 31, 2015, and filed a claim for KRW 16,068,310 [183 days x 87,085 won per unit of government wage] as profit loss. In the event that the perpetrator claims that the aftermath of the victim's claim is caused by a spathy, the perpetrator's claim on the part of the perpetrator is denied the causal relationship under the litigation law, and therefore, the victim's active existence of the causal relationship, i.e., the relevant accident and the injury, are causal relationship.

shall be proved that there was no post-explosive disability due to or passive evidence.

(Supreme Court Decision 9Da2171 delivered on May 11, 199). There is no evidence to acknowledge that the Plaintiff was hospitalized for 183 days due to the Defendant’s assault, and rather, Party A’s 3, 4, and 5.

arrow