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(영문) 광주지방법원 2018.12.13 2018나56557
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

1...

Reasons

1. The Plaintiff’s assertion was insulting by the Defendant on June 28, 2016, and the Defendant is liable to pay the Plaintiff KRW 10,000,00 to the Plaintiff for emotional distress damages caused by the tort.

2. Determination

A. Comprehensively taking account of the overall purport of the pleadings in evidence Nos. 1 through 4 of the Plaintiff’s damage liability incurred, the Defendant expressed the Plaintiff’s complaint that the Plaintiff had been present as a witness of the criminal case filed by the Plaintiff among several persons, including the Plaintiff’s workplace rent, etc. from the front corridor of the 21 Gwangju District Court, at 17:00 on June 28, 2016, the Defendant insulting the Plaintiff as “one year equal to bit of bit of bit of bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of a bit of the Defendant’s damage liability, and the Defendant issued a summary order of KRW 300,00 on March 13, 2017 (including a bit of a bit of a bit of a bit of a bit of a bit of the Defendant

According to the above facts, the defendant is liable for damages caused by illegal acts, since he/she insultd the plaintiff on June 28, 2016.

B. Considering all the circumstances revealed in the records, such as the background leading up to the insult of the scope of liability for damages, the relationship between the parties, and the process and progress of the criminal case, it is reasonable to determine consolation money as KRW 700,000.

C. Accordingly, the Defendant, as a result of the tort, is obligated to pay to the Plaintiff the amount of KRW 700,000 as well as damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from November 30, 2017 to May 24, 2018, the date following the delivery date of a copy of the complaint of this case, which is the date of the judgment of the court of first instance, to the date of the determination of the existence and scope of the Defendant’s obligation to perform, as sought by the Plaintiff.

3. The plaintiff's claim for conclusion is accepted within the scope of the above recognition and remainder.

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