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(영문) 대구지방법원 2020.11.18 2018가단114362

손해배상(기)

Text

1. The Defendant’s KRW 16,00,000 as well as annual 5% from November 10, 2017 to November 18, 2020 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On July 2016, the Plaintiff and the Defendant agreed to operate a general restaurant (mutual “E”) at the third floor of the D Merchants located in Seogugu Daegu-gu, Daegu-gu, Daegu-gu, and entered into an agreement to operate a general restaurant (mutual “E”) at the same time. On November 2016, the Plaintiff and the Defendant agreed to operate a general restaurant in the name of a joint business proprietor and operated a business in the name of a joint business proprietor.

B. At around 22:00 on November 4, 2017, the Defendant: (a) assaulted H that the Plaintiff reported to Nonparty H that the said G restaurant was accompanied by Nonparty H; and (b) did not bring KRW 20,000,000 in money to the head of the party, the Plaintiff’s parents, relatives, and the neighbors would have been directly found in the house; and (c) threatened the Plaintiff to capture all images recorded in CCTV through SNS.

The Defendant received cash and 4-5 bills from the Plaintiff frighten next day, and transferred KRW 15,000,000 from the Plaintiff on the 10th of the same month.

C. The plaintiff filed a criminal complaint against the defendant, and the defendant was convicted of a crime of extortion.

[Evidence] No. 12, the purport of the whole argument

2. According to the above facts of recognition, the defendant is obligated to compensate the plaintiff for KRW 15,00,000, which was brought by the plaintiff.

In addition, it is reasonable to determine the amount of KRW 1,00,000 in consideration of all the circumstances indicated in the instant case.

3. Partial acceptance of the Plaintiff’s claim