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(영문) 수원지방법원 성남지원 2018.12.19 2018가단203042

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate from May 5, 2018 to December 19, 2018.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant have become aware of their activities in the Internet bicycle club.

B. The Defendant, like the facts stated in the separate sheet, sent the Plaintiff’s photo pictures to a third party’s mobile phone, which is a bicycle club member, and attempted to take money by threatening the Plaintiff’s balone as if he were circulated without giving money, but attempted to take money by threatening the Plaintiff’s balone as if he distributed the Plaintiff’s balone. However, the Defendant attempted to keep the Plaintiff’s balone, and damaged the Plaintiff’s honor by sending a text message to the Plaintiff’s balone, stating that “the Plaintiff would have

(hereinafter “instant crime”). C.

On February 10, 2017, the Defendant was sentenced to imprisonment with prison labor for one year in the Suwon District Court, Sungnam Branch of 2017 Godan13, etc. on the above criminal facts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 12, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, since it is obvious in light of the empirical rule that the plaintiff suffered a considerable amount of mental suffering due to the defendant's crime of this case, the defendant is obliged to pay consolation money to the plaintiff.

B. As to the amount of consolation money, in full view of various circumstances revealed in the arguments in the instant case, including the Plaintiff and the Defendant’s relationship, the content and degree of the tort committed by the Defendant, and the situation and attitude of the Plaintiff and the Defendant after the tort, it is reasonable to determine consolation money to be paid to the Plaintiff as KRW 25 million.

3. In conclusion, the Defendant, as a result of tort against the Plaintiff’s KRW 25 million and the following day after the date of delivery of a copy of the complaint of this case sought by the Plaintiff, shall be 5% per annum as stipulated in the Civil Act from May 5, 2018 until December 19, 2018, which is the date of the adjudication of this case, and 5% per annum as stipulated in the Civil Act from the following day to the date of full payment.

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