손해배상금 등
1. All of the plaintiff's claims are dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. On February 4, 2016, the Incheon District Court issued a summary order (No. 2015 High Court Decision 28878) to Defendant B with attempted fraud, perjury, and perjury on the criminal facts as shown in the attached Form, and the said summary order became final and conclusive on February 19, 2016.
[Ground for recognition] Unsatisfy, Gap evidence 3
2. Determination as to the cause of action
A. The Defendants asserted that the Plaintiff suffered mental distress from Non-Party D Co., Ltd. (hereinafter “Non-Party D”) due to the charge of attempted litigation fraud, perjury, and perjury in relation to the loan case of Incheon District Court Decision 2011Da10756, the Plaintiff acquired the damage claim against the Defendants from the non-party company. Thus, the Defendants are jointly and severally liable to pay the Plaintiff KRW 50 million and the damages for delay.
B. Mental suffering suffered by the other party who has suffered unfair judgment is ordinarily a loss due to special circumstances (see Supreme Court Decision 93Da50116, Sept. 9, 1994). Thus, in civil litigation concerning property rights, unless the testimony of the witness per se does not damage the honor or trust of the party to the lawsuit or infringe other personal interests, such risk is directly connected to property damage in principle, even if the witness’s testimony is exposed to the risk of being ruled lost due to the witness’s perjury, so it is directly connected to property damage. Thus, there are special circumstances to deem that the occurrence of property damage or recovery thereof has occurred, and further, compensation for mental damage can be recognized only if the perpetrator knew or could have known such circumstances.
(See Supreme Court Decision 2004Da4386 delivered on April 28, 2004). In light of the above legal principles, the instant case is deemed to be a health unit and the above facts of recognition.