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(영문) 대구지방법원 2020.04.08 2019나316708
손해배상(기)
Text

1. The judgment of the court of first instance is modified as follows.

The plaintiff's primary claim is dismissed.

B. The defendant

Reasons

1. Basic facts

A. On January 14, 2018, the Defendant, on the ground that there was a dispute between the Plaintiff and another person in the housing located in Daegu Dong-gu, Daegu-gu, and the Plaintiff, among others, at the time of having a high-saw saw, and the Plaintiff took part in the dispute. As such, the Defendant inflicted injury on the Plaintiff, such as diversing and brasium, which requires approximately two weeks of treatment on the part of the Plaintiff.

B. The Defendant’s foregoing on March 16, 2018

A summary order of KRW 1,00,000 was issued for an injury to the act described in the paragraph, and the above summary order was finalized on April 19, 2018.

(The grounds for recognition) The Daegu District Court 2018 High Court 2018 High Court 20159 / [Grounds for recognition] The fact that there is no dispute, the entry of evidence No. 1 to 5

2. The plaintiff alleged that the plaintiff and the defendant agreed to pay KRW 100 million to the plaintiff as agreed amount for the defendant's bodily injury, and thus, the defendant is obligated to pay KRW 100 million to the plaintiff. However, the evidence submitted by the plaintiff alone is insufficient to recognize it, and there is no other evidence to acknowledge it, the above argument is without merit.

3. Judgment on the conjunctive cause of claim

A. According to the above facts, since it is apparent that the plaintiff suffered mental suffering due to the defendant's bodily injury, the defendant is liable to compensate for the damage caused by the plaintiff's mental suffering.

B. The amount of consolation money to be paid by the defendant shall be 2,00,000 won in consideration of the contents and degree of tort, expenses and period necessary for treatment, and other circumstances shown in the pleadings.

C. Therefore, as to the Plaintiff’s KRW 2,00,000 and KRW 1,00,000, which was recognized by the first instance court, the Defendant, upon the Plaintiff’s request, shall be deemed reasonable from July 29, 2018, on the day following the day when the copy of the instant complaint was served on the Defendant after the date of tort, to July 26, 2019, which is the day when the first instance judgment rendered that it is reasonable for the Defendant to dispute the existence or scope of the obligation.

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