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(영문) 의정부지방법원 2020.02.13 2019가단18136
손해배상
Text

1. The Defendant’s KRW 31,00,000 as well as 5% per annum from October 11, 2019 to February 13, 2020 to the Plaintiff.

Reasons

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

2. Judgment on deemed confession: Articles 208 (3) 2 and 150 (3) of the Civil Procedure Act.

3. In a case where a property right is infringed due to a tort committed by another person, the mental suffering shall be deemed to have been recovered from the compensation for such property damage. Thus, if there was an irrecoverable mental suffering from the compensation for property damage, this is due to special circumstances, and if the perpetrator knew or could have known such circumstance, he/she may claim consolation money for such damage only if the perpetrator knew or could have known such circumstance.

(2) The Plaintiff’s claim for consolation money is dismissed on the ground that the Plaintiff’s claim for consolation money is not accepted, on the ground that the evidence submitted by the Plaintiff alone is insufficient to deem that it is necessary to compensate the Plaintiff for any irrecoverable mental damage.

Therefore, the defendant is obligated to pay to the plaintiff 31,00,000 won and damages for delay calculated at the rate of 5% per annum under the Civil Act from October 11, 2019 to February 13, 2020, the sentencing date of this case, and 12% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the next day to the day of full payment, to the day of delivery of a copy of the complaint of this case. The exceeding part of the claim is dismissed as it is without merit.

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