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(영문) 인천지방법원 2019.11.08 2018나66107
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except where the part of the third to fourth to sixth of the judgment of the court of first instance is used as follows, and thus, it is consistent with the reasoning of the judgment of the court of first instance. Thus, it is acceptable to accept it as it is in accordance with the main sentence

【As a result of the inventory inspection conducted on June 29, 2017, the Plaintiff alleged that the Defendants conspired to commit a theft of the goods corresponding to the shortage of stock in addition to the stolen goods stated in the instant summary order. However, it is insufficient to acknowledge that the Defendants conspired to commit a theft or additionally stolen the goods corresponding to the shortage of stock, and there is no other evidence to prove otherwise, the Plaintiff’s assertion is without merit. In addition, the Plaintiff asserts that there is no obligation to pay consolation money of KRW 10,000,000 as the Defendants suffered mental damage due to the theft. In general, the Plaintiff is liable to pay consolation money of KRW 10,000,000,000 as the Defendants suffered mental damage due to the tort, but it is deemed that mental damage was recovered from property damage by the compensation for property damage, and where mental damage could not be recovered by the sole compensation for property damage, this can be acknowledged as damages due to special circumstances (see, e.g., Supreme Court Decision 285Da28188, Jan. 12, 1990).

3. In conclusion, the judgment of the court of first instance is legitimate, and the plaintiff's appeal against the defendants is dismissed as all of the grounds for appeal.

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