(영문) 수원지방법원 2020.04.22 2019나72335

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(영문) 수원지방법원 2020.04.22 2019나72335

손해배상(기)

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1. The plaintiff's appeal is dismissed.

2. The costs of appeal shall be borne by the Plaintiff.

Purport of claim and appeal

1..

Reasons

1. Basic facts

A. The Defendant sent a text message to the Plaintiff at least five times in total five days on March 28, 2018 and received the said money from the Plaintiff on the ground that the Plaintiff did not receive KRW 270,00,000 in the process of purchasing the Plaintiff-owned multi-household building under the name of C, and that C or the Plaintiff in the same business relationship with the Plaintiff did not make it known to the Plaintiff, and received the said money from the Plaintiff on the ground that C or the Plaintiff did not make it. However, the Defendant did not pay the money to the Plaintiff and the Plaintiff failed to commit an attempted crime.

B. As a result, the Defendant was indicted for an attempted crime of extortion and was sentenced to a fine of KRW 1,00,000 from the first instance (U.S. District Court 2018 High Court 1414) to November 15, 2018.

Accordingly, the Defendant lodged an appeal (U.S. District Court 2018No7608) and the final appeal (Supreme Court 2019Do9554), but was sentenced to the dismissal of an appeal on June 20, 2019, and was sentenced to the dismissal of an appeal on August 16, 2019.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 14, Eul evidence Nos. 1, 2, 4, 5, 8, and 10 (including branch numbers, if any) and the purport of the whole pleadings

2. The occurrence of liability for damages and the amount of consolation money;

A. According to the above facts, it is reasonable to view that the plaintiff suffered mental suffering due to the above tort by the defendant, and therefore, the defendant is obligated to pay a monetary reward for the mental suffering suffered by the plaintiff.

B. The plaintiff sought a payment of consolation money of KRW 30,00,000 and delay damages therefor to the defendant. However, as seen earlier, the plaintiff failed to pay money to the defendant despite the defendant's intimidation, and the plaintiff's mental suffering was derived from the plaintiff's act, and thus, the plaintiff's mental suffering was a result of the plaintiff's act, and thus, it is reasonable to see that the defendant's tort was committed and all the circumstances revealed in the argument of this case, including the contents and circumstances of tort.

유사 판례

-수원지방법원 2018.11.15 2018고정1414

-수원지방법원 성남지원 2018.12.19 2018가단203042

-창원지방법원 2019.02.20 2018가단116234

-인천지방법원 2019.04.26 2018가단258875

-부산지방법원 2019.02.20 2018나4571