손해배상(기)
1. All appeals by the Defendants are dismissed.
2. The costs of appeal are assessed against the Defendants.
3. The plaintiffs' lawsuit acceptance.
1. In the first instance court, the plaintiff A and B filed a claim for monetary damage, consolation money payment, claim for prohibition of obstruction of construction, and indirect compulsory performance against the defendants. The court of first instance accepted the claim for prohibition of obstruction of construction among them, partly accepted the claim for consolation money, and dismissed the claim for property damage and the claim for indirect compulsory performance.
Since the Defendants appealed against the part of the judgment of the first instance that accepted the above claim of consolation money, the subject of the judgment of this court is limited to the claim of consolation money.
2. Basic facts
A. The Plaintiff (a) obtained a stable construction permit from the head of the Gun in Chungcheongnam-gun budget-gun with respect to 35,313 square meters of the J farm site (hereinafter “instant land”) from the head of the Gun, and carried out a stable construction work (hereinafter “instant construction work”) with ASEAN from January 22, 2013.
B. The Defendants are residents of the OE to which the instant land belongs.
C. B died on April 5, 2015, while the instant lawsuit was pending, and Plaintiff A and Plaintiff N inherited the property as the parents of the Deceased, one-half shares of each of them.
[Ground of recognition] Facts without dispute, entry of evidence No. 1, testimony of K witness of the first instance trial, purport of the whole pleadings
3. The assertion and judgment
A. The Defendants asserted that they committed assault, intimidation, and interference with their duties as shown in the separate sheet. On January 3, 2014, the said vehicles were prevented from entering eight ready-mixed vehicles for the instant construction work, thereby getting back without having to perform concrete strawing construction work. In addition, the Defendants committed unlawful acts, such as delaying the instant construction work for more than one year by continuously impeding the instant construction work of Plaintiff A and B, thereby causing emotional distress to Plaintiff A and B. The Defendants, as joint tortfeasor, are liable to pay damages amounting to KRW 10,00,000 and damages for delay due to the said unlawful act to Plaintiff N, who is the inheritor of Plaintiff A and B.
B. Prior to the facts of recognition.