손해배상등(기)
1. All appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.
2. The costs of appeal shall be borne by the Plaintiff (Counterclaim Defendant).
1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as stated in the corresponding part of the judgment of the court of first instance, “1. Basic Facts” and “2. Judgment on the claim of principal lawsuit”, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.
2. Parts used or added;
A. The part of the judgment of the court of first instance to be dismissed shall be amended to “after the appellate court and the final appeal to the Supreme Court” through the appellate court of first instance to “after the appellate court.”
"Therefore, there is a duty to pay 80,000,000 won to the plaintiff A, 40,000,000 won to the plaintiff B, and 20,000,000 won to the plaintiff C as compensation for damages."
The fifth to 7-8 of the judgment of the court of first instance “after filing, , or withdrawal of a lawsuit,” which read “Although having filed a lawsuit, the court did not comply with the order to provide the costs of lawsuit at the above court, the court was sentenced to dismissal, and the defendant appealed thereon, but withdrawn the appeal on September 8, 2015.”
B. Since mental suffering suffered by the other party who has been subject to an unfair judgment suit is ordinarily recoverable by winning in the suit in question and the irrecoverable mental suffering is due to special circumstances, it shall be presumed that there is a special circumstance that can be deemed that the other party has suffered irrecoverable mental suffering by only winning the lawsuit or compensating for property damage in order to accept the claim for consolation money due to an unfair judgment suit, and that there is a possibility for predictability of such special circumstance.
(see, e.g., Supreme Court Decisions 93Da50116, Sept. 9, 1994; 2010Da96997, Mar. 24, 201). However, there are special circumstances that the Plaintiffs merely asserted that they suffered emotional distress due to the Defendant’s repeated filing of a complaint or lawsuit, etc., and that they received irrecoverable mental pain due to winning the lawsuit, etc.