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(영문) 창원지방법원 2018.05.11 2017나5413
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

purport.

Reasons

1. Facts of recognition;

A. On September 24, 2016, around 19:30 on September 24, 2016, the Defendant sought a her husband’s her her her her her her her her her her her her her her her her her her her her her her

B. The Defendant opened a entrance to question “Isson’s day” and “Isn’t have a friend with her husband who is a pregnant woman,” and opened the entrance to her door, and tightly pushed the Plaintiff’s left shoulder by hand.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 1, 2, 9, and 10, the purport of the whole pleadings

2. According to the above facts finding as to the cause of the claim, the defendant is recognized to have abused the plaintiff. Thus, the defendant is obligated to compensate the plaintiff for mental damage caused by the plaintiff, and the consolation money shall be 2,00,000 won in light of all the circumstances.

Therefore, the Defendant is obligated to pay to the Plaintiff damages for delay calculated at the rate of 5% per annum under the Civil Act from March 9, 2017, which is the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff, to September 14, 2017, which is the date of sentencing of the first instance court, to September 14, 2017, and 15% per annum under the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the next day to the day of full payment.

3. The plaintiff's claim for the conclusion must be accepted within the extent of the above recognition, and the remainder should be dismissed as there is no reasonable ground.

The judgment of the first instance is just based on the conclusion, and the defendant's appeal is dismissed as it is without merit.

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