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1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid additionally shall be revoked.
Reasons
1. Basic facts
A. At around 17:30 on February 7, 2013, the Defendant: (a) caused the Plaintiff to examine the ground floor of his arms in his arms by negligence while the Plaintiff exceeded the Plaintiff’s name in the process of speaking D Jong-gu and D Jong-gu, Seoul, with the lapsy and the lapsying issue; and (b) caused the Plaintiff to suffer KRW 4 weeks of outstanding lapsy and lapsying lapsy that require treatment.
B. On May 13, 2014, the Defendant was sentenced to a fine of 200,000 won by Seoul Northern District Court Decision 2013Ma1305, and the said judgment became final and conclusive on May 21, 2014.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings
2. Determination
A. According to the above facts of recognition as to the occurrence of liability for damages, the Defendant is liable for compensating the Plaintiff for damages caused by negligence, since the Defendant inflicted an injury on the Plaintiff by negligence.
B. On the other hand, the instant accident is limited to 90% of the Defendant’s liability by taking account of the occurrence of the instant accident and the Plaintiff’s age, such as the fact that the Plaintiff and the Plaintiff’s name and U.S. M&D (which seems to have been an assault against the Plaintiff to a certain extent) occurred in the course of speaking the said accident.
C. According to each description of evidence Nos. 3 and 4, the scope of liability for damages of this case: (a) 486,349 won in total for the treatment of the injury of this case [437,760 won in total from February 7, 2013 to February 20, 2013; (b) 92,400 won in total from February 28, 2013 to April 17, 2013] 56,189 won in total (200 won in total from February 28, 2013; (c) 56,189 won in total (3,40 won in total from March 7, 2013; (d) 400 won in total from March 17, 2013 to April 17, 2013; and (d) 30.3 won in total from March 3, 2013; (d) 203.6 won in total;
Therefore, the amount of damages of the king treatment cost, which is set off according to the defendant's responsibility, is 437,714 won (486,349 won x 90%, and less than won).
(2) The Plaintiff was actually importing for 35 days due to the instant injury.