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(영문) 전주지방법원 2019.11.20 2019가단13331
부당이득금등
Text

1. The Defendant: (a) KRW 25,954,400 for the Plaintiff and KRW 5% per annum from April 12, 2019 to November 20, 2019; and (b).

Reasons

1. As to a claim for property damage

(a) Indication of claims: as shown in the Appendix [Grounds for Claim];

(b) Grounds for recognition: Each entry of subparagraphs 1 through 5, and the purport of whole pleadings;

2. As to the claim for consolation money, the Plaintiff actually suffered a serious mental or physical suffering as well as property damage due to the Defendant’s act, such as the Defendant’s act as shown in the attached Form [Ground of Claim], and thus, sought a payment of consolation money of KRW 10,00,000 to the Defendant.

In the event of property damage due to the following reasons: (a) it is reasonable to view that the contracting party’s mental suffering caused the damage to property due to the contractual nonperformance, etc. is recovered from the compensation for property damage; and (b) there was a serious mental suffering to the extent that the compensation for property damage was not sufficient to compensate the Plaintiff for property damage.

Unless there is any evidence that the defendant knew or could have known the special circumstances, the plaintiff's claim for this part is rejected.

3. According to the conclusion, the Defendant ordered the Plaintiff to pay 25,954,400 won and damages for delay at each rate of 5% per annum under the Civil Act from April 12, 2019 to November 20, 2019, which is the day following the delivery date of the original copy of the instant payment order, to the Plaintiff, and 12% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment. It is so decided as per Disposition.

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