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(영문) 서울남부지방법원 2021.02.05 2020나62158

손해배상(기)

Text

The defendant's appeal is dismissed.

Expenses for appeal shall be borne by the defendant.

The purport of the claim and the purport of appeal [the purport of the claim]

Reasons

1. In the first instance trial within the scope of this court’s trial, ① Plaintiff A filed a claim against the co-defendants of the first instance trial indicated in the purport of the claim with Defendant and the Defendant, etc. in bad faith over three times, for damages of KRW 11 million paid by Plaintiff A as attorney fees and Defendant et al. in the course of demanding the return of support payments to Plaintiff A, and claiming consolation money of KRW 20 million for mental distress inflicted upon Plaintiff A, 31 million, and its delay damages. ② The Plaintiffs filed a claim against the Defendant and the co-defendants of the first instance trial, claiming consolation money of KRW 20 million in total due to abusive, intimidation, defamation, etc., during the course of demanding the return of support payments to Plaintiff A.

The first instance court dismissed both the ① “Cheong-gu” and “B-Gu’s joint Defendant E’s tort (2-2) among the Cheong-gu’s Cheong-gu” and “B-2” and accepted part of the Defendant’s tort (2-1) among the Cheong-gu’s Cheong-gu.

Accordingly, since the defendant appealed against the defendant among the judgment of the court of first instance, the subject matter of the judgment of this court is limited to "(2) of the defendant's tort (2-1) in the judgment of first instance."

2. As to the cause of claim

가. 인정사실 1) 원고들과 피고는 모두 중국 흑룡강성( 黑龍江省) 치 치하 얼 시( 齊齊哈爾市) 메리 스구( 梅里斯) 야 르사진( 雅塞 )에 있는 조선족 집 거 마을 H 출신으로 한국 내 모임 (I 단체, 이하 ‘ 이 사건 모임’ )에 참여하였다.

Plaintiff

A was in charge of the finance of the instant meeting, and the Plaintiff B was a member of the instant meeting.