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(영문) 부산지방법원동부지원 2015.06.18 2014가단218018

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 1,600,000 to the Plaintiff (Counterclaim Defendant) and its related amount from August 29, 2012 to June 18, 2015.

Reasons

1. Determination as to the principal lawsuit

A. The plaintiff's assertion that the defendant, along with the non-party C, destroyed the plaintiff's 3rd floor D non-party D non-Dong D non-Dong 1 (hereinafter "non-Dong building of this case") and damaged the two Kamera. Thus, the defendant is obligated to pay the plaintiff the 2,000,000 won of the Kameras and the 5,000,000 won of the Kameras as compensation for damages.

(b) Determination 1) Gap evidence 4 to 14 (including branch numbers, if any; hereinafter the same shall apply)

In full view of the purport of the entire pleadings, the Defendant is liable to compensate the Plaintiff for the total amount of KRW 1,60,000,000, and damages for delay, with Nonparty C’s total market value of KRW 800,000,000, which was installed on the rooftop of the instant non-Dong building, as well as KRW 800,000, market value of the Plaintiff’s non-party C on August 29, 2012.

3. In relation to consolation money due to damage to Kamera, in general, where the damage to the property occurred due to a third party's illegal act, the mental suffering that the injured party suffered shall be deemed to have been recovered by compensating for the damage to the property, and only under special circumstances where the compensation for such damage to the property causes other non-property damage that cannot be recovered by itself, the consolation money can be recognized. The evidence submitted by the plaintiff alone is insufficient to recognize such special circumstances, and there is no other evidence to prove otherwise.

Therefore, the plaintiff's assertion on this is without merit.

C. Accordingly, the Defendant’s lawsuit is promoted from August 29, 2012 to June 18, 2015, the sentencing date of this case, which is the sentencing date of the instant judgment, to KRW 1,600,000, total market price of the C&C 2 damage to the Plaintiff and KRW 5% per annum under the Civil Act, and from the following day to the day of full payment.

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