logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 대구지방법원서부지원 2015.12.10 2015가합1254
손해배상(기)
Text

1. The Defendant: (a) KRW 134,963,709 to Plaintiff A; (b) KRW 131,851,652 to Plaintiff B; and (c) from August 15, 2014 to each of them.

Reasons

1. Facts of recognition;

A. The plaintiff A is the spouse of the deceased D (hereinafter "the deceased"), and the plaintiff B is the child of the deceased (E).

B. On August 15, 2014, at around 17:50 on August 15, 2014, the Defendant, at around 17:50, Cheongdo-gun, Cheongdo-do-gun, was assaulted by the deceased on the following grounds: (a) he was fluoring the Defendant’s shoulder into the water by pushing the deceased’s shoulder; (b) he was fluoring the deceased’s shoulder into the water due to the distress; and (c) the deceased, thereby, did not immediately enter the drainage pipe installed below the river (10cm in diameter, 517cm in length) and did not lead the deceased.

(hereinafter referred to as “instant accident”). C.

On December 19, 2014, the Defendant was prosecuted for committing assault against the Deceased and was sentenced to three years by the Daegu District Court 2014Gohap474, and the Defendant’s appeal and appeal were all dismissed, and the judgment became final and conclusive.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 to 4 (including each number), substantial fact in this court, the purport of the whole pleadings

2. Occurrence of liability for damages;

A. According to the above facts of recognition, the defendant committed violence against the deceased and caused his death, and is obligated to compensate for the damage suffered by the deceased due to the above tort, and the deceased's claim for damages was inherited to the plaintiffs, who are the inheritor.

In addition, pursuant to Article 752 of the Civil Act, the defendant is also liable for mental damage suffered by the plaintiffs who are the spouse and lineal descendants of the deceased.

B. The Defendant asserts that the Defendant should limit the Defendant’s liability in calculating the amount of damages because he could not get out of the body of the deceased, which was installed on a drainage line, and thus caused death. However, at the time of the instant accident, the Defendant used violence to the deceased, thereby leaving the deceased away from a drainage line, and the Defendant returned to the deceased’s family members after the instant accident.

arrow