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(영문) 서울중앙지방법원 2015.01.29 2014가단5189135
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

2. Litigation costs shall be borne by the plaintiff.

Reasons

1. The defendant's main defense

A. The gist of the instant claim was on April 15, 201, on the ground that the Plaintiff was not able to repay the service payment obligation, and the Plaintiff was detained for about 6 weeks of assault from the Defendant, and was inflicted on the Defendant during approximately 7 hours of assault, which is the right flick 6 weeks of treatment, and on the left flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick flick fl

The defendant was sentenced to a fine of KRW 3 million by the Seoul Southern District Court due to the above injury.

(2012. The Plaintiff suffered damages in total of KRW 6532,010, KRW 600,000 for medical expenses, KRW 60,000 for lost earnings, KRW 10 million for consolation money, and KRW 10,000 for consolation money due to the Defendant’s act of assault. Of these, the Plaintiff sought compensation of KRW 20,000 for part of the daily income and subsequently determined disability damages. As a result, the Defendant is obligated to pay to the Plaintiff KRW 36,532,010 for medical expenses + KRW 6532,010 for lost earnings + KRW 20 million for lost income + KRW 10,00 for consolation money) and damages for delay.

B. The gist of this case’s defense was that the Defendant did not raise any civil or criminal objection after mutual agreement after the occurrence of this case, and the Plaintiff and the Defendant agreed that they would not raise any civil or criminal objection after mutual agreement.

Therefore, the Plaintiff’s lawsuit of this case is unlawful as it is contrary to the above dispositive agreement.

2. Determination on this safety defense

A. According to each of the statements in subparagraphs 1 and 2 of subparagraphs B and B, the Plaintiff prepared a written agreement to the Defendant on April 15, 2011, stating, “I, on April 15, 201, agree to the mutual agreement between the Defendant on the case of assault by both parties that occurred at around 50:4:50 square meters on April 15, 201, and will not raise any objection to the future civil or criminal matters,” and deliver a certified copy of their resident registration certificates.

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