logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
Text
Reasons
텍스트 조절
arrow
arrow
(영문) 춘천지방법원강릉지원 2019.09.24 2018나1046
손해배상(기)
Text

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. Facts of recognition;

A. The plaintiff and the defendant are neighboring residents.

B. On November 20, 2017, the Defendant: (a) took a port on the ground that the Plaintiff’s house was shaking due to the Plaintiff’s removal works; and (b) took the Plaintiff at the place where the Plaintiff and neighboring residents D, the head of the construction site team E, etc. are located; and (c) took a large voice as follows: (a) “Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre, Irre.”

C. The defendant Na

On March 6, 2018, a summary order of a fine of KRW 500,000 was issued on March 6, 2018 (Sacheon District Court 2018 High Court 2015 High Court 54), and the above summary order was finalized around that time.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination as to the cause of action

A. According to the above facts of recognition, since it is obvious in light of the empirical rule that the plaintiff suffered mental suffering due to the insult of the defendant against the plaintiff, the defendant is obliged to compensate the plaintiff for the above tort's mental suffering.

B. Furthermore, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the Plaintiff in consideration of the various circumstances shown in the pleadings of the instant case, including the health team, the relationship between the Plaintiff and the Defendant, the content and circumstances of the insult of the instant case, the developments leading up to disputes between the Plaintiff and the Defendant, and the Defendant’s sentence of a fine of KRW 500,000 in the relevant criminal case.

C. On March 13, 2017, the transfer of the insult of this case by the Defendant, the Plaintiff was hospitalized and treated from April 8, 2017 to April 14 of the same month. Accordingly, the Plaintiff suffered emotional distress due to repeated Defendant’s tort.

arrow