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(영문) 서울중앙지방법원 2017.10.20 2017나27500
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. On August 5, 2015, from 00:30 on the same day to 00:50 on the first floor parking lot of Seocho-gu Seoul, Seocho-gu, Seoul, the Defendants: (a) were punished by the Plaintiff and Si expenses on the ground that the Plaintiff in relation to the parking of Defendant B, “if he does not reside in Dora, he would cut off the vehicle.” (b) Defendant B was pushed down the Plaintiff’s threshold; and (c) the Defendants jointly committed assault by the Plaintiff against the Plaintiff’s parked vehicle in the vicinity.

In relation to the above case, the Defendants received a summary order of KRW 2,00,000 as a crime of violating the Punishment of Violences, etc. Act (joint assault) by the Seoul Central District Court Decision 2016 High Court Decision 201Da1314 on February 5, 2016, and the said summary order became final and conclusive on March 2016.

[Ground of recognition] The descriptions and images of Gap evidence Nos. 2, Eul evidence Nos. 1 through 6 (including branch numbers for those with additional numbers), and the purport of the whole pleadings

2. According to the occurrence of liability for damages and recognition of limitation, the defendants are liable to compensate the damages suffered by the plaintiff due to their joint assault as joint tortfeasor.

However, it is reasonable to limit the liability of the Defendants to 60% in consideration of the fact that the Defendants and their body fightings were placed on the wind that the Defendants were injured during that process, and all other circumstances indicated in the record.

3. Scope of liability for damages

A. Medical expenses: 325,321 won in the statement in Gap evidence No. 3 can be acknowledged that the plaintiff spent 542,202 won in total for the medical expenses in the instant case in full view of the purport of the entire pleadings. Accordingly, when applying the ratio of the Defendants’ liability, the Plaintiff’s medical expenses to be paid by the Defendants (=542,202 won x 60% x 60% x less than won).

B. The Plaintiff is not recognized as substitute human resources employment expenses and attorney appointment fees: The Plaintiff was unable to engage in a duty after being treated as the instant case and being investigated by an investigative agency, and became a substitute human resources.

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