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(영문) 부산지방법원 2015.11.27 2012가단67999
손해배상
Text

1. The Defendant’s KRW 9,210,218 as well as the annual rate of KRW 5% from June 23, 2012 to November 27, 2015 to the Plaintiff.

Reasons

1. There is no dispute between the parties to the liability for damages, or comprehensively taking account of the overall purport of the pleadings as to the entries in Gap's evidence Nos. 5 through 7 (including branch numbers), the defendant committed an assault by putting the plaintiff's title above the above main line around the above main line around 22:10 on June 22, 2012 on the ground that the plaintiff's woman-friendly district was the plaintiff's right, etc. at the main point of "D" located in Busan Northern-gu, Busan, but on June 22, 2012 on the ground that the plaintiff's women-friendly district was the plaintiff's right, and at around 22:40 on the same day, the defendant committed an assault on the part of the plaintiff's left upper part of "E" located in the above main room of "E" located in the above C (hereinafter "the instant assault").

According to the above facts of recognition, the defendant is liable to compensate the plaintiff for all damages incurred by the assault of this case as a tort under special circumstances.

However, in full view of the aforementioned evidence and the motive and background of the assault in this case, the age and relationship between the Plaintiff and the Defendant, the degree of damage inflicted on the Plaintiff due to the assault in this case, and other circumstances revealed in the argument in this case, it is reasonable to limit the Defendant’s liability to 90%.

2. Scope of liability for damages

A. 1) Property damage 1) In full view of the overall purport of the arguments as a result of physical examination of Gap evidence 10-1 and 2 of this Court and the results of physical examination of the Mayor of Busan Magsan Hospital (excluding the Magakan area) of this Court, it can be recognized that the plaintiff was hospitalized in the form of 11th day from the Busan Magsan National University Hospital to the July 4, 2012, in order to treat the Magsan area suffered by the plaintiff due to the assault in this case, and from January 15, 2013 to January 17, 2013, the fact that the plaintiff was hospitalized in the form of a metal scrap plate removal surgery for three days from January 15, 2013 to January 17, 2013. The rate of loss of labor ability during the above hospitalization is recognized as 100% general and calculated based on the plaintiff's daily wage for the city as follows:

(b).

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