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(영문) 수원지방법원성남지원 2020.04.03 2019가단232719

손해배상(기)

Text

1. The Defendants jointly share KRW 162,288,283 with respect to the Plaintiff and the period from February 10, 2020 to April 3, 2020.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 1 and 257 (1) of the Civil Procedure Act of the applicable provisions of Acts;

3. The Plaintiff’s ground for partial dismissal also claims consolation money of KRW 20,000 against the Defendants. However, in general, in a case where a property right is infringed due to a tort committed by another person, mental suffering shall also be deemed to have been recovered from the compensation for property damage. Thus, in a case where a property damage was inflicted as a result of compensation for property damage, if the tortfeasor knew or could have known of such circumstance as a damage due to special circumstances, it may claim consolation money for such damage (see Supreme Court Decision 2014Da38272, Mar. 26, 2015). This part of the claim is dismissed on the sole ground that the Plaintiff asserted by the Plaintiff cannot be deemed to have any such special circumstance.