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(영문) 수원지방법원 2020.06.04 2020가단505359
손해배상(기)
Text

The Defendants are jointly and severally liable to the Plaintiff for 29,420,000 won and 5% per annum from December 25, 2019 to June 4, 2020.

Reasons

1. Indication of claims: To be as shown in the attached Form [Causes for Claims] and [Documents];

2. Applicable provisions of Acts: Article 208 (3) 3 of the Civil Procedure Act (Judgment by public notice);

3. Part dismissing part: In case where a property right is infringed due to other person's illegal act, etc., it shall be deemed that the mental suffering is recovered from the compensation for such property damage. Thus, in case where there was an irrecoverable mental suffering from the compensation for property damage, this is a damage due to special circumstances, and if the perpetrator knew or could have known such circumstance, it may claim consolation money for such damage.

(see, e.g., Supreme Court en banc Decision 2001Da82507, Mar. 18, 2004). In light of the following, the evidence submitted by the Plaintiff alone, which led to the occurrence of irrecoverable mental damage to the Plaintiff due to its property damage.

The plaintiff's claim for this part is not accepted, since there is no evidence to prove that the defendants knew or could have known such circumstances.

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