1. The Defendant’s KRW 39,400,000 for the Plaintiff and 5% per annum from January 30, 2019 to the service date of the authentic copy of this judgment.

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

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The plaintiff asserts that he suffered mental damage due to the defendant's non-performance of obligation, and seek a payment of consolation money of three million won.

In general, in a case where a property right is infringed by a tort of another person, the mental suffering is also deemed to be recovered from the compensation for such property damage. Thus, in a case where a property damage was not recoverable from the compensation for property damage, this is a special circumstance, and if the perpetrator knew or could have known such circumstance, consolation money for such damage can be recognized only when the perpetrator knew

(2) In light of the above legal principles, the court below erred by misapprehending the legal principles as to a loan for consumption, and thereby exceeding the bounds of the principle of free evaluation of evidence, and by exceeding the bounds of the principle of free evaluation of evidence, as otherwise alleged in the ground of appeal. In so doing, the court below did not err by misapprehending the legal principles as to the presumption of free evaluation of evidence, as otherwise alleged in the ground of appeal.