logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대전지방법원천안지원 2020.10.14 2017가단7473
손해배상(기)
Text

1. The Defendant’s KRW 8,347,251 as well as the annual rate of KRW 5% from July 4, 2016 to October 14, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 4, 2016, the Defendant: (a) had the Plaintiff’s head three times as drinking from the “Dju store” located in Asan-si C; and (b) had the Plaintiff suffered damage to Anchopathal; (c) had the Plaintiff suffered injury to the Plaintiff.

B. The defendant is the above A.

On November 29, 2016, due to the injury described in the paragraph, the suspension of indictment was imposed.

【Reasons for Recognition: Each entry in Evidence A Nos. 1 and 2, and the purport of the whole pleadings】

2. Occurrence of liability for damages;

A. According to the above facts of recognition, since the plaintiff suffered the above injury due to the defendant's assault and suffered physical and mental pain, the defendant is liable to compensate the plaintiff for the damages caused by the above tort.

B. However, in light of various circumstances, the instant assault is limited to the Defendant’s ratio of liability against the Plaintiff’s damages to 70% in light of various circumstances, such as the Plaintiff’s treatment of Defendant Divers and resistance to this, and the Plaintiff was aground, and the Plaintiff and the Plaintiff are also partly responsible for causing such injury.

3. In principle, the period for calculating the scope of liability for damages shall be calculated on a monthly basis, but the amount of less than the last month and less than KRW 10 shall be discarded;

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

In addition, it is rejected that the parties' arguments have not been separately explained.

On November 9, 2041, the rate of lost income (1) date, gender: 10% reduction, 2.1% reduction, 2.1% reduction, 12,140,530 won (hereinafter referred to as “actual income” in the attached Table) for ordinary urban wage (22 days a month), after-the-day disability and labor capacity loss rate (3) until November 9, 2041, which is 60 years old.

(b) Expenses for medical treatment 498,400 won;

(c) The ratio of the Defendant’s liability limitation: 70 per cent.

arrow