2019Na2427 Damages

A

B

Gwangju District Court Decision 2018Gaso61934 Decided April 23, 2019

February 5, 2020

February 26, 2020

1. The defendant's appeal is dismissed.

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

1. Purport of claim

The defendant shall pay to the plaintiff 5,012,200 won with 5% interest per annum from September 19, 2017 to the service date of a copy of the complaint of this case, and 15% interest per annum from the next day to the day of complete payment.

2. Purport of appeal

The judgment of the first instance is revoked. The plaintiff's claim is dismissed.

1. Basic facts

Comprehensively taking account of the overall purport of the arguments in Gap evidence Nos. 1 through 3, the defendant covered the body of the plaintiff who was seated in the driver's seat in his/her body on September 19, 2017, around 18:05, by the plaintiff and parking problems, and forced the plaintiff to have his/her face covered by his/her body, such as rain on the plaintiff's face. The defendant was sentenced to a fine of KRW 3.5 million for the above crime on November 14, 2018 (Seoul District Court 2018 Goju District Court 373), and the plaintiff on September 28, 2017.

2. Determination as to the cause of action

(a) Occurrence of liability for damages;

According to the above facts, the defendant committed a tort by compulsion of the plaintiff on September 19, 2017, and thus, the defendant bears the responsibility for compensating for property and mental damage suffered by the plaintiff.

B. Scope of liability for damages

(1) Active damages

The fact that the plaintiff paid 12,200 won for medical expenses due to the defendant's tort injury is as seen earlier.

(2) Consolation money

It is reasonable to deem that the Plaintiff suffered mental pain due to the Defendant’s tort. Considering the degree and circumstance of the above indecent act, the degree of mental suffering that the Plaintiff suffered through the Defendant’s above act, the amount of the fine that the Defendant received, and the circumstances after the tort, the amount of consolation money that the Defendant would compensate for to the Plaintiff is determined as KRW 5,00,000.

C. Sub-committee

Therefore, the Defendant is obligated to pay to the Plaintiff 5,012,200 won in total (i.e., damage 12,200 won + solatium 5,000,000) and damages for delay calculated at the rate of 5% per annum prescribed by the Civil Act from September 19, 2017, which is the date of service of a copy of the complaint of this case, to February 23, 2019, which is the date of service of a copy of the complaint of this case, and the damages for delay calculated at the rate of 15% per annum prescribed by the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day

3. Conclusion

Therefore, the plaintiff's claim is justified, and the judgment of the court of first instance is just and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition.

The presiding judge is unable to sign and seal due to the transfer of personnel.

Judges Park Jong-won

Judges Cho Jae-ho