대여금
1. The plaintiff's appeal is dismissed.
2. The costs of appeal shall be borne by the Plaintiff.
Purport of claim and appeal
1...
1. Judgment on the plaintiff's claim for consolation money payment
A. The summary of the Plaintiff’s assertion was obtained from the Plaintiff from December 2008 to May 2009 as the mobile phone user fee of KRW 885,660, the credit card user fee of KRW 1,216,90, the credit card user fee of KRW 4,000,000 under the pretext of loan, and KRW 7,102,560 under the pretext of agreement, by taking over KRW 16,00,000 under the pretext of agreement, and then taking over KRW 23,102,560 under the pretext of borrowing KRW 16,00,000 (=7,102,560,000) from the Plaintiff, and the Defendant committed a tort, such as making the Plaintiff give false testimony from the relevant civil litigation. Therefore, the Defendant is obligated to pay KRW 5,00,000 for mental damage of the Plaintiff due to the above tort.
B. First of all, with respect to whether the Defendant deceivings the Plaintiff and defrauds KRW 23,102,560 in total, it is not sufficient to recognize the above only by the descriptions of the evidence of Nos. 1, 2, 4, and 21 (including the number of pages; hereinafter the same shall apply), and there is no other evidence to acknowledge it.
Rather, according to the purport of the Plaintiff’s evidence No. 2 and the entire pleadings, the Plaintiff filed a lawsuit against the Defendant seeking payment of money, as otherwise alleged in the Incheon District Court Decision 201Da123888, but the above court rendered a judgment dismissing the Plaintiff’s claim. The Plaintiff appealed and appealed against the Plaintiff, but the appeal and appeal were dismissed, and it is recognized that the above judgment became final and conclusive on September 4, 2014.
Even if the Defendant acquired 39,102,560 won from the Plaintiff as alleged by the Plaintiff, in general, if the property right is infringed due to a tort committed by another person, mental suffering shall also be deemed to have been restored by the compensation for property damage. Therefore, if there was an irrecoverable mental damage due to the compensation for property damage, it shall be deemed as a damage due to special circumstances.