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(영문) 부산지방법원 2016.08.18 2016가단11956
손해배상(기) 등
Text

1. The plaintiff's claim of this case is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff filed a lawsuit against B seeking the payment of consolation money of KRW 30 million and the division of property of KRW 2 billion, but was sentenced to a judgment of both the first and the second instance.

(Resan Family Court Decision 2014Dhap10 decided July 24, 2014, Busan High Court Decision 2014Reuu497 decided February 13, 2015). (B)

On February 25, 2015, the Plaintiff submitted a written appeal to the appellate court, and filed a written appeal to the Supreme Court on April 1, 2015, and filed a written appeal to the Supreme Court on April 3, 2015, and submitted each supplementary appellate brief on April 3, 2015 and April 17, 2015.

C. A public official in charge of the Supreme Court served a copy of the appellate brief on April 3, 2015, and served a copy of the appellate brief on April 8, 2015 and April 22, 2015.

B submitted a reply (hereinafter “instant reply”) to the Supreme Court on May 12, 2015.

E. On May 28, 2015, the Supreme Court rendered a ruling of rejection of a trial (Supreme Court Decision 2015Meu890 Decided May 28, 2015). Before that, the Supreme Court did not deliver the pertinent written answer to the Plaintiff.

[Reasons for Recognition] Facts without dispute, entry of Gap 1 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Although the public official of the Plaintiff’s assertion bears the duty to deliver the instant written response to the Plaintiff, the public official did not deliver it to the Plaintiff, this constitutes a tort.

As a result, the plaintiff suffered a big mental suffering by infringing the right to a faithful trial.

Therefore, the defendant, the employer, should pay consolation money of KRW 30 million and delay damages to the plaintiff.

3. The provisions of Chapter I shall apply mutatis mutandis to the procedures of final appeal and the procedures of final appeal under Article 425 of the relevant provisions of the Civil Procedure Act, unless otherwise prescribed.

Article 428 (Delivery, etc. of Notice of Reasons for Appeal and Written Answer) (1) The court of final appeal in receipt of a statement of reasons for final appeal shall promptly serve a copy or certified copy thereof on the other party

(2) The other party shall be served with the document under paragraph (1) within ten days from the date of service.

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