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(영문) 서울동부지방법원 2017.11.03 2017나22171
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

Facts of recognition

The defendant requested the plaintiff to construct the interior works of his/her workplace, but the contract for construction with the plaintiff was terminated on March 2, 2016 due to the difference between the plaintiff and the partner.

The Plaintiff demanded the Defendant to pay the material cost, personnel cost, etc. purchased for the Defendant’s interior work.

On March 3, 2016, the Defendant expressed that “the Plaintiff, who is performing human rights construction, is not in use in the contract, the down payment should also be given, and the amount of damages arising from the termination of the contract shall be given to the Plaintiff, i.e., the bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit of bit

As a result, the plaintiff and workers did not perform approximately 40 minutes of artificial intelligence work.

[Ground of recognition] Facts without dispute, Gap 1 through 5 evidence, Eul 1 evidence, the purport of the whole pleadings, but the defendant's insulting and disturbing words constitute tort against the plaintiff.

The defendant is liable for damages and mental damages caused by the obstruction of the plaintiff's business caused by the above tort.

It is reasonable to determine the amount of damages in KRW 1,500,000 in consideration of all the circumstances, such as the circumstances leading to the above speech, the degree of damage suffered by the plaintiff, the circumstances after the above case, and the age of the plaintiff and the defendant.

Therefore, the defendant is obligated to pay to the plaintiff 1,50,000 won and damages for delay calculated by the rate of 5% per annum under the Civil Act and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from March 3, 2016, which is the date of tort, until February 16, 2017, which is the date of the first instance judgment that deems it reasonable for the defendant to resist about the existence of the obligation or the scope of the obligation.

The plaintiff's claim for the decision will be accepted within the scope of the above recognition, and the remainder will be dismissed as there is no reason.

The judgment of the first instance is part of the conclusion.

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