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(영문) 전주지방법원 2020.03.03 2019가단25372

손해배상(기)

Text

1. The Defendant’s KRW 34,590,00 and the Plaintiff’s annual rate of KRW 5% from November 17, 2019 to March 3, 2020, respectively.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Applicable provisions of Acts: Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act);

3. Some of the dismissals (In part), the Plaintiff also sought consolation money of 2.5 million won against the Defendant.

In general, in a case where a property right is infringed due to a tort of another person, the mental suffering shall be deemed to be recovered from the compensation for the property damage unless there are special circumstances, and in a case where a property damage cannot be recovered from the compensation alone, the consolation money may be recognized.

(See Supreme Court Decision 2003Da22912 delivered on July 25, 2003). The health team returned to the instant case and the evidence submitted by the Plaintiff alone are insufficient to recognize that the Plaintiff sustained an irrecoverable mental loss due to the Defendant’s tort only by compensating for property damage. The Plaintiff’s claim for this portion is without merit, inasmuch as there is no other evidence to acknowledge it.