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(영문) 수원지방법원 2017.10.18 2016가단535254
손해배상(기)
Text

1. The Defendant: KRW 11,413,647 for the Plaintiff and KRW 5% per annum from October 11, 2016 to October 18, 2017; and

Reasons

1. Occurrence of liability for damages;

(a) The following facts of recognition may be admitted, either in dispute between the parties, or in full view of the respective descriptions and the whole purport of the pleadings, A1 and B:

1) The Plaintiff and the Defendant were employees who were attending the Plaintiff Company C, and on June 16, 2016, the Plaintiff and the Defendant argued for a flive shift problem. 2) On the completion of the Plaintiff’s business, the Plaintiff got a compromise and became the Defendant in the process of having flive employees, and the Defendant went to a flive place in order to talk with the Plaintiff’s seat, and the Defendant assaulted the Plaintiff’s inner part during that process.

(hereinafter “the instant assault”). 3 The Plaintiff suffered injury, such as an balone and alley balone, due to the instant assault.

B. According to the facts of recognition of the tort liability, the defendant committed a tort by assaulting the plaintiff, and thus, the defendant is liable to compensate the plaintiff for the damages caused by the assault of this case pursuant to Article 750 of the Civil Code.

2. Scope of damages.

A. The Plaintiff’s assertion sought payment of KRW 22,262,885, which is the sum of KRW 7,11,240, the sum of the medical expenses, KRW 7,111,240, and KRW 3,334,840, and KRW 10,000,000, which is the sum of KRW 5,550,000 already paid by the Defendant.

B. 1) Property damage 1: 569,084 won (average monthly income of KRW 2,438,935 x 7/30 days x less than KRW 7/30 / 7/30 / 7/30, and less than KRW) as a whole, the Plaintiff was hospitalized into the Hospital of Korea University Medical Center from August 2, 2016 to August 8, 2016 due to the instant assault. Since the Plaintiff’s average monthly income of KRW 2,438,935 was recognized during the 12-month period prior to the instant assault, the Defendant is obligated to compensate the Plaintiff for lost income during the Plaintiff’s hospitalization period 569,084 won (average average monthly income of KRW 2,438,935 x less than KRW 7/30, and less than KRW 935.

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