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1. The Defendant’s KRW 43,616,180 among the Plaintiff and KRW 37,675,080 among the Plaintiff, shall be KRW 5,941,100 from May 25, 2017.
Reasons
1. The description of the grounds for the claim shall be as specified in the attached Form;
2. Judgment by public notice of applicable provisions of Acts (Article 208 (3) 3 of the Civil Procedure Act);
3. In general, in a case where a partial dismissal of a contract causes property damage due to a non-performance of a contractual obligation, mental suffering which the contracting party received shall be deemed to have been recovered by compensating for property damage. As such, there are special circumstances that the compensation for property damage has sustained irrecoverable mental suffering, and where the other party knew or could have known of such circumstance, the consolation money for mental suffering may be recognized.
(See Supreme Court Decision 2007Da18959 Decided December 13, 2007, etc.). The Plaintiff sought a payment of KRW 5,00,000 as consolation money, but it is not sufficient to recognize that the Plaintiff sustained an irrecoverable mental suffering due to the sole return of travel expenses. Thus, the Plaintiff’s claim for consolation money is rejected.