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(영문) 대구지방법원서부지원 2019.05.07 2018가단14049
손해배상(기)
Text

1. The Plaintiff:

A. Defendant B’s KRW 5,00,000 and for this, KRW 5% per annum from December 19, 2017 to May 7, 2019.

Reasons

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

2. Article 208 (3) 1 of the Civil Procedure Act:

3. Grounds for partial dismissal.

A. Even if the portion claiming compensation against Defendant B is declared by a non-litigation judgment, the amount of consolation money shall be determined by taking into consideration all the circumstances revealed in the records. In light of all the circumstances such as the background leading up to the instant case, the details and degree of the Defendant B's act without accusation, the degree of mental suffering suffered by the Plaintiff, etc., it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by Defendant B as five million won.

Therefore, the plaintiff's claim in excess is without merit.

B. Even if the portion of the claim against Defendant C is declared as non-litigation, the amount of consolation money shall be determined by taking into consideration all the circumstances revealed in the records. Considering all the circumstances such as the background leading up to the instant case, the content and degree of the assault and intimidation against the Plaintiff by Defendant C, and the degree of mental suffering suffered by the Plaintiff, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff by Defendant C as three million won.

Therefore, the plaintiff's claim in excess is without merit.

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