(영문) 서울중앙지방법원 2015.07.17 2015나21645

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Reasons

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글꼴

크기(pt)

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줄 간격

자간(%)

(영문) 서울중앙지방법원 2015.07.17 2015나21645

위자료

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1. The plaintiff's claim that is changed in exchange in the trial is dismissed.

2. All appeals filed by both the Plaintiff and the Defendant.

Reasons

1. Facts of recognition;

A. The Defendant: (a) reported frequently the Defendant’s noise, etc. regarding the Defendant’s cargo vehicle; (b) reported a civil petition related to illegal parking, stopping, or exhaust gas to the Gu office several times; and (c) made the Defendant pay an administrative fine; (d) during the period from July 10, 2014 to 22:10, the Defendant provided that the Plaintiff filed a civil petition on the front of the road located in Gwanak-gu Seoul Special Metropolitan City “I” with respect to the act of filing a civil petition, etc. on the part of the Plaintiff; and (e) made a civil petition against the Plaintiff on the front of the road in Gwanak-gu, Seoul Special Metropolitan City; and (e) made a report with a photograph affixed on the daily back, whether the report is made; and (e) whether the Plaintiff was made on the front of the road in front of the day; and (e) whether the Plaintiff was made a daily back, with his/her escape with his/her intention to kill and die.” (iii) The Defendant was indicted on September 17, 2014.

B. On the other hand, it is not revealed whether the Defendant’s report on illegal stopping of the vehicle was treated anonymously, and whether the Plaintiff filed the report.

[Ground of recognition] Facts without dispute or the purport of Gap evidence Nos. 6 and 13, Gap evidence Nos. 1, 2, 3 and 4 as a whole

2. Determination

A. According to the facts of the judgment on the claim for damages 1, the defendant is deemed to have committed a tort against the plaintiff and threatened the plaintiff with defamation or insult. Since the defendant's above tort is obvious in light of the empirical rule that the plaintiff suffered mental suffering, the defendant is obligated to do so in money.

Furthermore, with regard to the scope of compensation for damages, the circumstances shown in the arguments in the instant case, such as the Health Team, the relationship between the Plaintiff and the Defendant, the background and manner of the occurrence of the instant tort, and the circumstances after the tort.

유사 판례

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