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(영문) 창원지방법원 2019.02.15 2017가단10490
손해배상(기)
Text

1. Defendant C and D jointly share KRW 23,582,374 with respect to the Plaintiff and 5% per annum from March 12, 2017 to February 15, 2019.

Reasons

1. Facts of recognition;

A. At around 23:00 on March 11, 2017, Defendant C and D got off the Plaintiff’s head and body knee with the Plaintiff’s body knee, and Defendant C got off the Plaintiff’s head and body knee with the beer’s body knee, knee, knife with the Plaintiff’s head and body knee with the beer’s disease located on the 2nd floor of the building of Changwon-si, Changwon.

As a result, the plaintiff suffered bodily injury, such as loss, protruding, loss of her left side, damage to her beer, and dives, etc.

B. The Defendants were indicted for suspicion of special injury, etc. to the Plaintiff as Changwon District Court 2017 Gowon District Court 2309, 2362 (combined), 2460 (Consolidated), and 3020 (Consolidated).

On November 29, 2017, the above court rendered a conviction on the charge of special injury against the Plaintiff by Defendant C and D, and rendered a judgment of innocence on the grounds that “the charges of special injury against the Plaintiff by Defendant B and E are not sufficient to prove that the Plaintiff’s head or body was injured by beer disease, or that there is insufficient evidence to prove that Defendant C and D conspiredd or participated in the special injury by any other means.”

The above judgment against Defendant B and E became final and conclusive around that time.

C. Defendant C and D appealed by Changwon District Court 2017No3570, but was sentenced to the dismissal of appeal on March 22, 2018.

The Defendants appealed by Supreme Court Decision 2018Do5119, but on May 31, 2018, the said judgment became final and conclusive on the same day.

[Reasons for Recognition] Facts without dispute, Gap 1, 2, 4, 6, 7 (including partial numbers), and the purport of the whole pleadings

2. Claim against Defendant B and E

A. From March 11, 2017, around 23:00 on March 11, 2017, Defendant B and E suffered injury to the Plaintiff as Defendant C and D, and the Plaintiff’s expense.

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