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(영문) 수원지방법원 2017.07.13 2016나16273

손해배상(기)

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1. The defendants' appeal and the plaintiff's incidental appeal are all dismissed.

2. The costs of appeal are assessed against the Defendants.

Reasons

1. The following facts may be found either in dispute between the parties or in each entry in the evidence Nos. 1 and 2, with a comprehensive consideration of the whole purport of the pleadings:

The Plaintiff resided in the second floor of the second floor (hereinafter “Plaintiff’s housing”) located in Sungnam-si, Sungnam-si, and moved into another place around June 2017. The Defendants, as married couple, reside in the first floor of the same housing (hereinafter “Defendant’s housing”).

B. The Defendants were raising three horses in Defendant’s housing. In this regard, on June 17, 2016, imposed a penalty of KRW 50,000 on the grounds of violation of the Punishment of Minor Offenses Act on the grounds of “Creation of Incompetence” and imposed a penalty of KRW 30,000 on July 18, 2016 on the grounds of “Incompetence, etc.” and imposed a penalty of KRW 30,000 on the grounds of violation of the Punishment of Minor Offenses Act.

2. Summary of the parties' arguments;

A. The Defendants committed an illegal act that causes serious mental pain to the Plaintiff, on the grounds that the dogs their key are frighten in front of the front door of the Plaintiff’s house, neglected to frighten the Plaintiff, left the Plaintiff to a slickly slick, laid down the long-hour water on the new wall, and resisted the Plaintiff, etc., and committed an illegal act that causes the neighboring Plaintiff to suffer heavy mental pain. Therefore, the Defendants are jointly and severally liable to pay a solatium for mental damage to the Plaintiff, as compensation for damages caused by the illegal act.

B. The Defendants were subject to the imposition of each penalty twice on the grounds of disturbance in neighboring areas, etc., but this was caused by the Defendant’s wife’s failure to lock the front door of the Defendant’s housing, thereby leading the Plaintiff to a disturbance by stimulateing the Plaintiff’s dog, and reporting it to the police by citing false facts. Thus, the Plaintiff suffered emotional distress due to the dogs that the Defendants kid.

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