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(영문) 창원지방법원마산지원 2016.05.04 2015가단100757

손해배상(기)

Text

1. As to Defendant B’s KRW 85,500,000 and KRW 30,000 among them, Defendant B shall be from June 10, 2013, KRW 10,000,00.

Reasons

1. Claim against the defendant B

(a)as shown in the reasons for the attachment of the claim;

B. The Plaintiff asserts that Defendant B is liable to pay consolation money of KRW 15 million and its delay damages to the Plaintiff, on the ground that the Plaintiff suffered economic and mental suffering, such as the cancellation of the insurance contract under the Plaintiff’s name due to the fraudulent conduct of KRW 85 million between June 10, 2013 and December 4, 2014, following the cancellation of the insurance contract under the Plaintiff’s name. As such, Defendant B is obliged to pay the Plaintiff consolation money of KRW 15 million.

Therefore, in a case where it is impossible to determine the amount of damages due to the difficulty in proving the existence of property damage, and it is impossible to receive compensation due to the impossibility of confirming the amount of damages, such circumstance may be considered as the ground for increasing the amount of consolation money. However, such supplementary function of consolation money is to supplement the imbalance of compensation by increasing the amount of consolation money in a case where it is impossible to determine the amount of damages even though the occurrence of property damage is recognized, and it is impossible to recover damages due to the impossibility to receive compensation due to the impossibility of confirming the amount of damages. Therefore, it is not permissible to expand the complementary function of consolation money to a certain extent in examining and determining damages due to the non-performance of contractual obligations under which it is possible to claim, prove, classify, and determine the amount of consolation money without permission.

In addition, in case of property damage, the mental suffering which the parties received should be considered to be recovered by compensating for property damage. Therefore, there are special circumstances that the compensation for property damage has suffered an irrecoverable mental suffering, and the other party has sustained it.