(영문) 의정부지방법원 2018.09.06 2017나6635

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(영문) 의정부지방법원 2018.09.06 2017나6635

손해배상(기)

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1. All appeals filed by the Defendant (Counterclaim Plaintiff) against the principal lawsuit and counterclaim are dismissed.

2. The costs of appeal shall be the principal office and the principal office.

Reasons

1. In the first instance court’s trial scope, the Plaintiff filed a claim for damages against the Defendant as the principal lawsuit, and the Defendant, as a counterclaim, filed a claim against the Plaintiff for compensation for damages incurred by the Defendant due to tort on the ground that the Plaintiff had induced the number of memberships issued in the process of taking over a bath bath. The first instance court partly accepted the Plaintiff’s claim for medical expenses and consolation money during the Plaintiff’s main lawsuit, and dismissed the Defendant’s claim for counterclaim.

In this regard, the part of the main claim that the consolation money is excessive among the part of the main claim that the defendant lost while appealed, and the claim for return of unjust enrichment is added selectively by maintaining the claim for return of unjust enrichment on the ground that the defendant deceivings the number of memberships issued in the process of taking over the bath among the counterclaim part, and the scope of the judgment of the party is limited to whether the consolation money is excessive among the main part of the main claim and whether the claim for return of unjust enrichment is recognized due to the tort in the process of taking over

2. The principal lawsuit and counterclaim shall also be deemed to be filed.

A. A. On November 14, 2015, the Defendant accepted D Co., Ltd. located in the business district in the Ku Government-si C, the Plaintiff operated (hereinafter “instant S Co., Ltd.”), and paid KRW 9 million after deducting KRW 1 million from the Plaintiff, taking into account the fact that the Plaintiff’s membership collected and paid money.

B. After that, on April 3, 2016, the Defendant, while operating the instant friendship, inflicted injury on the Plaintiff, such as salt, tension, etc. in which the Plaintiff was in need of medical treatment for about 14 days, on account of the fact that the sales volume of membership in the process of acquiring the instant friendship belonged to the Plaintiff.

C. On the other hand, the instant friendship.

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