logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 울산지방법원 2016.10.05 2016가단56679
손해배상(기)
Text

1. The Plaintiff; Defendant B’s KRW 21 million and its related thereto from June 12, 2016; Defendant C’s KRW 20.5 million and its related amount.

Reasons

1. Indication of claims: To be as specified in attached Form 1;

2. Claim against Defendant B: Judgment on deemed confession (Article 208 (3) 2 of the Civil Procedure Act) (Article 208 (3) 2 of the Civil Procedure Act): Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Of the Plaintiff’s claim, the part claiming consolation money (each of KRW 10 million) shall be dismissed by the Plaintiff’s dismissal as consolation money for mental suffering suffered by the Defendants’ defraudation.

In a case where a property right is infringed due to a tort committed by another person, the mental suffering shall be deemed to be recovered from the compensation for such property damage. Thus, if a property damage was caused by an irrecoverable mental suffering, this shall be a damage due to a special circumstance, and if the perpetrator knew or could have known such circumstance, the perpetrator may claim consolation money for such damage.

(See Supreme Court en banc Decision 2001Da82507 Decided March 18, 2004, etc.). Since there is no evidence to acknowledge any special reason to claim consolation money for mental damage, this part of the claim is rejected.

arrow