(영문) 수원지방법원 2015.05.28 2014가단49551

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(영문) 수원지방법원 2015.05.28 2014가단49551

손해배상(기)

Text

1. The Defendant’s KRW 2,872,030 as well as 5% per annum from July 5, 2013 to May 28, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. At around 21:20 on July 5, 2013, the Defendant: (a) had a dispute with the Plaintiff on the grounds that the Plaintiff’s body was sknee and knee, the Defendant, who was engaged in the above gymnasium and the above gymnasium members, who were engaged in the above gymnasium and the above gymnasium members, without any reason; (b) had the Plaintiff heard the bath on the part of the Plaintiff; (c) had the Plaintiff listened on the part of the Plaintiff on the part of the Plaintiff’s left knenas; and (d) had the Plaintiff undergo approximately four weeks medical treatment when considering the gymnasium of the Plaintiff at one time.

B. The defendant is the above A.

Although summary indictments were filed for formal trial due to the facts constituting the crime of this paragraph, the Suwon District Court sentenced a fine of KRW 1,500,000 to the defendant on February 13, 2014 (Seoul District Court Decision 2013Ma2910) and the above judgment became final and conclusive around that time.

[Ground of recognition] A without dispute, entry of Gap evidence 5, purport of whole pleadings

2. According to the above facts of recognition of the liability for damages, since the defendant committed a tort causing injury to the plaintiff, the defendant is liable for compensating the plaintiff for the damages suffered by the plaintiff.

However, the plaintiff also caused the defendant's criminal act, such as taking a bath to the defendant at the time of the above tort. The defendant's liability is limited to 50% in consideration of all the circumstances revealed in the argument of this case, such as the background of the occurrence of the tort of this case.

3. Scope of damages.

A. Comprehensively taking account of the overall purport of the arguments in the statements in Gap evidence Nos. 4 and No. 6-1 through 3, the plaintiff was found to have suffered from the injury of 21 pasia in the 11 and 41 as well as the crack and the crucation of the 299,000 won in total for the treatment, and thus, the above amount is recognized as the crucing treatment cost.

B. In full view of each of the statements in the evidence Nos. 8 and 9 as to future treatment costs, the Plaintiff shall submit the entire arguments.

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