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(영문) 수원지방법원 2016.09.20 2015나24321

손해배상(기)

Text

1. The plaintiffs' appeal and the claims of the plaintiffs C and B expanded in the trial are all dismissed.

2. After an appeal is filed.

Reasons

1. The reasoning for the court’s explanation of this case is as stated in the part of the first instance judgment except for the addition of the plaintiffs’ assertion and its determination as to this case, and therefore, it is acceptable to accept it as it is in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Additional matters to be determined;

A. Plaintiff A received counseling treatment equivalent to KRW 3.2 million due to the Defendant’s mental shock caused by the Defendant’s wrongful act, and thus, Plaintiff A claimed a considerable amount of the above medical expenses as active damages. However, it is insufficient to recognize that Plaintiff A received the treatment equivalent to the above amount due to the Defendant’s wrongful act by itself, and there is no other evidence to prove otherwise.

Therefore, the plaintiff A's above assertion is without merit.

B. Plaintiffs B, C, and C seek payment of the amount equivalent to school expenses to be incurred until Plaintiff B and C becomes an adult due to their emotional abuse of the Child Welfare Act. However, the expenses required for studies until the above Plaintiffs become adults cannot be deemed as damages caused by the Defendant’s wrongful act, and there is no other evidence to acknowledge the Plaintiffs’ assertion.

Therefore, the above plaintiffs' assertion is without merit.

3. In conclusion, the plaintiffs' claims of this case shall be accepted within the scope of the above recognition, and the remaining claims shall be dismissed. Since the judgment of the court of first instance is justified with this conclusion, the claims of plaintiffs C and B expanded in the appeal and trial of the plaintiffs are all dismissed as it is without merit. It is so decided as per Disposition by the assent of all.