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(영문) 춘천지방법원 2017.01.25 2016가단52350
손해배상(기)
Text

1. The Defendant: (a) KRW 20,629,00 for the Plaintiff and the Plaintiff’s KRW 5% per annum from May 19, 2013 to June 23, 2016; and (b) June 24, 2016.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act of the applicable provisions of Acts (a judgment on whether to be deemed as a foreigner);

3. Among the Plaintiff’s claim, the portion claiming consolation money (5,00,000 won) is generally recovered from mental suffering related to the dismissal of property infringement by compensation for its property damage. As such, mental damage caused by the infringement of property right was caused by special circumstances and the infringer knew of the special circumstances.

It is recognized only where it is recognized that at least such circumstance could have been predicted (see, e.g., Supreme Court en banc Decision 2001Da82507, Mar. 18, 2004). There is no evidence to acknowledge that the Plaintiff suffered emotional distress beyond the scope of property damage compensation in this case, and therefore, the claim for this part of this case has no merit.

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