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(영문) 수원지방법원안산지원 2016.11.30 2016가단62644

손해배상(기)

Text

1. The Defendant’s KRW 24,769,00 for the Plaintiff and KRW 5% per annum from October 23, 2016 to November 30, 2016.

Reasons

1. Indication of claims: It is as shown in the Attached Form “Cause of Claim”.

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Part concerning partial dismissal

A. The summary of the Plaintiff’s assertion was that the Defendant failed not only to properly perform the interior work of the Plaintiff’s house, but also to complete the construction work at the time.

Due to the Defendant’s default, the Plaintiff suffered a big mental loss, such as moving the house in diving and re-construction.

Therefore, the defendant should pay 5,231,000 won and damages for delay to the plaintiff.

B. In general, in the event that property damage occurs due to a contractual breach of obligation or a tort, etc., the mental suffering that the party suffered shall be deemed to have been recovered from the compensation for property damage. Thus, there are special circumstances that the compensation for property damage sustained irrecoverable mental suffering, and only where the other party knew or could have known such circumstance, consolation money for mental suffering may be recognized.

(See Supreme Court Decision 93Da59779 delivered on December 13, 1994, and Supreme Court Decision 96Da38971 delivered on July 10, 1998, etc.). However, as alleged by the Plaintiff, just because the circumstance alleged by the Plaintiff, there are special circumstances that the Plaintiff suffered an irrecoverable mental suffering, and it is difficult to view that the Defendant knew or could have known of this, this part of the Plaintiff’s assertion cannot be accepted.