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(영문) 수원지방법원안산지원 2017.08.11 2016가단21810
손해배상(기)
Text

1. The Defendants each of the Plaintiffs amounting to KRW 47,384,846 and 5% per annum from May 1, 2016 to August 11, 2017.

Reasons

1. Occurrence of liability for damages;

A. At around 01:00 on May 1, 2016, the fact of recognition (1) net A (hereinafter referred to as “Nonindicted Party A”) sent out the Defendant’s land owner and Defendant F (F; hereinafter referred to as the “Party’s English name omitted) who drinks alcoholic beverages together with his land owner at the head office located in Ansan-si Group G, Ansan-si, Seoul-si, with his land owner, and the Nonparty’s land owner and Defendant F (hereinafter referred to as the “Party’s English name”).

Accordingly, the non-party at one time placed the head of the defendant D with each item as the defendant D puts the fighting.

In addition, Defendant D had Defendant D’s head as Cerrier’s disease during the period between Defendant D’s punishment and Defendant D’s head.

The Defendants continued to duplicate with the Non-Party and the Non-Party’s main body, and continued to duplicate the Non-Party and the Non-Party’s main body.

Accordingly, the non-party suffered injury, such as the closure of the two mouths, and continued hospitalized treatment at a hospital. The non-party died on September 11, 2016.

(2) The Nonparty is China.

According to China's inheritance law, the spouse, children, and parents of the inheritee shall be the first-class heir, and the same-class heir shall be equal in principle.

Plaintiff

B is the Nonparty’s child, and Plaintiff C is the Nonparty’s mother, and there is no inheritor other than the Plaintiffs.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

B. According to the above facts of recognition, the defendants are liable for the damages suffered by the non-party and the plaintiffs as joint tortfeasor.

2. Scope of liability for damages

A. Medical expenses: 6,970,040 won (other than the plaintiffs, claimed KRW 2,394,306 of the non-party's health insurance premiums as damages for medical expenses, but it is difficult to view that the health insurance premiums paid by the non-party to maintain the eligibility for health insurance benefits of the non-party as losses arising from causation with the instant case) / The grounds for recognition 4-1 and 2-2, and the purport of the whole pleadings.

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