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1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1..
Reasons
1. Comprehensively taking account of the purport of the entire pleadings as to the statement No. 1 of the Plaintiff’s claim for damages, the Defendant is obligated to compensate the Plaintiff for damages incurred therefrom, on the ground that: (a) the Plaintiff, while making a dispute over the Plaintiff’s surrender around December 20, 2013; (b) the Plaintiff was aware of the Plaintiff’s face and head at least three times; and (c) the Defendant is obligated to compensate the Plaintiff for damages incurred therefrom.
2. Scope of liability for damages
A. The plaintiff's assertion asserts that the plaintiff was liable to pay damages of KRW 1,550,00,000 in total amount of KRW 550,000 and KRW 1,550,000, since the plaintiff was destroyed by the assault of this case, and the plaintiff suffered from mental suffering.
B. The damage to the euthanos and evidence Nos. 2 through 4 are not sufficient to acknowledge the fact that the Plaintiff was damaged due to the assault of this case, and there is no other evidence to acknowledge it. Thus, the damage to the euthanosas alleged by the Plaintiff is not recognized.
C. The consolation money shall be determined as KRW 500,000,000, considering the circumstances revealed in the arguments of this case, such as the developments leading to the assault of this case, the degree of the assault of this case, and the relationship between the plaintiff and the defendant.
3. Therefore, the defendant is obligated to pay to the plaintiff the consolation money of 50,000 won and the defendant with 5% per annum under the Civil Act from December 20, 2013, which is the date of the assault in this case, to August 6, 2014, which is appropriate to dispute about the existence and scope of the defendant's duty of performance, and 20% per annum under the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings from the next day to the date of full payment. Thus, the plaintiff's claim is justified within the above recognized scope, and the remainder of the claim is dismissed as it is without merit, and the judgment of the court of first instance is concluded.