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(영문) 서울중앙지방법원 2017.08.11 2017가단27189
부당이득금및손해배상금등
Text

1. The Defendant shall pay the Plaintiff KRW 51,520,00 and the annual interest rate of KRW 15% from May 12, 2017 to the date of full payment.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The Plaintiff asserts that the Defendant is obliged to pay 1,00,000 won to the Plaintiff as consolation money on the ground that the Defendant’s embezzlement makes it difficult to maintain his/her livelihood due to the aggravation of funds, and that he/she could not use the room at all for about 1 year and 11 months due to myi odor, as well as that he/she suffered serious mental damage due to his/her loss, such as photographs, graduations, and graduates, which contain the suppression of suppression for about 40 years.

In this case, mental damage caused by ordinary property damage shall be deemed to be restored to the compensation for property damage. Since mental damage not restored to the compensation for property damage is not ordinary damage but special damage, it shall be deemed to constitute special damage. Therefore, only if the defendant knew or could have known such circumstance, he is liable to compensate for such damage. In this case, mental damage not restored to the plaintiff by property damage.

Since there is no evidence to prove that the defendant either knew or could have known of this, the plaintiff's claim for consolation money is without merit.

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