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(영문) 서울중앙지방법원 2020.08.12 2020나6794
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On September 2, 2018, the Defendant: (a) around 18:00 on September 2, 2018, at the Gangnam-gu Seoul apartment E apartment Fdong, found that the Selection C, who was playing on the kickboard, was on turn on the road; (b) whether the kickboard was seated at the place where the people walk, was prevented from standing the kickboard; and (c) was on the bridge of the above C.

(hereinafter “instant accident”). (b)

At the time of the instant accident, the designated parties C were seven years of age, and the Plaintiff and the designated parties D are the parents of the designated parties C.

C. On September 3, 2018, the following day of the instant accident, the Selection C received the diagnosis of the left-hand stein salt from the National Assembly member of the G G Getype, and disbursed KRW 34,140,000 for medical expenses and for the issuance of a written diagnosis of injury. He received the diagnosis of acute stress response from H’s Council members, and paid KRW 214,940,00 in total, from September 5, 2018, after receiving the diagnosis of acute stress response.

With respect to the instant accident, around November 2018, the Defendant was issued a summary order of assault by Seoul Central District Court Decision 2018 High Court Decision 2018 High Court Decision 19942, and filed an application for formal trial with the same court as 2018 High Court Decision 2784. On July 3, 2019, the said court rendered a judgment of conviction that the Defendant is punished by a fine of KRW 80,000 as an assaulting crime.

Therefore, although the Defendant filed an appeal with the same court 2019No2246, the dismissal of the appeal was sentenced on October 24, 2019 and again filed an appeal with the Supreme Court 2019Do16327, but the judgment of dismissal of the appeal became final and conclusive on December 17, 2019.

(hereinafter referred to as the “relevant criminal case” in combination with the above three cases. [Grounds for recognition] The fact that there is no dispute, entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings.

2. Determination as to the cause of action

A. The gist of the Plaintiff’s assertion is that the Defendant is liable for tort as the perpetrator of the instant accident, and ① the amount equivalent to the medical expenses incurred by the Selection C for the knee beneficiary due to the instant accident, the mental and medical treatment, and the cost of issuing the written diagnosis of injury = 349,080 won.

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