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(영문) 창원지방법원진주지원 2014.03.14 2013가단6601

손해배상(기)

Text

1. The Defendant’s KRW 3 million to the Plaintiff, as well as 5% per annum from August 1, 2013 to March 14, 2014.

Reasons

1. Basic facts

A. The Defendant, around June 2010, obstructed the Plaintiff’s penting business by force by putting cement in pipes installed by the Plaintiff and thereby preventing the treatment of sewage from treating sewage from the penting the pipes operated by the Plaintiff at the rear end of the “Dpented Corporation” located in Chungcheongnam-gun, Southern-gun, Seoul-do.

B. The Defendant became final and conclusive upon conviction of a fine of one million won as a result of the crime of interference with business with business regarding the above facts.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1, purport of whole pleadings

2. The plaintiff alleged as to the cause of the claim is liable to pay consolation money equivalent to KRW 219.6 million due to the above defendant's tort, and the defendant is liable to pay consolation money due to the above business damage and the plaintiff's mental damage. Since the amount of consolation money is reasonable to be determined at KRW 10.6 million, the defendant is liable to pay to the plaintiff the sum of the above amounts (=22.9.66 million won) (=20 million won). The plaintiff is liable to pay to the plaintiff the sum of the above amounts (=29.66 million won). Accordingly, the plaintiff is claiming for the payment of KRW 50 million, which is a part of the lawsuit in this case, and damages for delay.

3. In light of all of the evidence submitted by the Plaintiff, it is insufficient to recognize the fact that a business loss occurred as alleged by the Plaintiff, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's argument about business losses is without merit.

Next, with respect to the plaintiff's assertion of consolation money, the fact-finding court can determine the amount of consolation money for mental suffering caused by a tort at its own discretion, taking into account all the circumstances (see, e.g., Supreme Court Decision 87Meu57, Feb. 23, 198). It can be sufficiently recognized that the plaintiff had suffered mental suffering due to the defendant's above tort, and the defendant has committed the above tort.