beta
(영문) 창원지방법원진주지원 2020.10.14 2020가단37054

손해배상(기)

Text

The Defendants jointly share KRW 114,912,415 with respect to the Plaintiff and KRW 5% per annum from July 24, 2020 to October 14, 2020.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Grounds for a brief statement: Article 208 (3) 1 of the Civil Procedure Act (a judgment made without holding any pleadings under Article 257 of the Civil Procedure Act).

3. The reason for partial dismissal is generally accepted, in a case where a property right is infringed by a tort of another person, the mental suffering is also deemed to be recovered from the compensation for such property damage. Thus, if there was an irrecoverable mental suffering from the compensation for property damage, this is for special circumstances, and if the perpetrator knew or could have known such circumstance, he/she may claim consolation money for such damage.

(see, e.g., Supreme Court Decision 91Da38334, May 26, 1992). When compensating for property damage, mental suffering appears to have been recovered, and the evidence submitted by the Plaintiff alone does not appear to constitute a case where the Defendants knew or could have known about the special circumstance that there was an irrecoverable mental suffering even after the compensation was made.