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(영문) 대구지방법원 2015.07.21 2014가단31773
손해배상(기)
Text

1. The Defendant: (a) KRW 8,131,883; and (b) KRW 1,000,000 to Plaintiff B; and (c) each of them, from July 11, 2013 to July 2015.

Reasons

1. Occurrence of liability for damages;

A. Basic facts 1) The Plaintiffs are married with the Plaintiff, and the Defendant, on July 10, 2013, went to the said E and inflicted injury on the Plaintiff. The Defendant (the Defendant) visited “E” operated by the victim A in Yongcheon-si, Youngcheon-si, on July 10, 2013, and visited the victim to view the above bowling in order to view it under the influence of alcohol, and rejected the victim’s bucks one time from the victim (the Plaintiff in this case). The Defendant was sentenced to imprisonment with prison labor for up to 6 weeks from the victim on April 28, 2015, and the Defendant was sentenced to suspension of execution from the Daegu District Court on May 26, 2015 (the instant case).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1, 2, 3, and 8 (including branch numbers, if any) and the purport of the whole pleadings

B. In light of the above facts, even if the judgment in a civil trial is not bound by the fact-finding of the criminal trial, the facts which have already become final and conclusive in relation to the same facts are material evidence, and thus, the facts against this cannot be acknowledged unless there are special circumstances where it is deemed difficult to adopt the judgment of facts in the criminal trial in light of other evidence submitted in the civil trial (see, e.g., Supreme Court Decision 2007Da69148, 69155, Feb. 14, 2008). According to the above facts, as long as the defendant's tort causes injury to the plaintiff, the plaintiff is liable to compensate for damages caused by the injury of this case.

C. The judgment on the Defendant’s claim on the limitation of liability is based on the result of the injury if the Plaintiff A suffered damage to the Defendant, who was drunk.

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