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(영문) 부산지방법원 2020.04.22 2019나63485
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the money ordered to be paid below shall be revoked.

The defendant.

Reasons

During the phone call on August 9, 2018, the Defendant: (a) around 35 minutes, approximately 3 minutes, to the Plaintiff, “I see whether I am in this title, where I am infash, I am infash, I am infash; (b) I am infash; (c) I am infash; (d) I am infash; (d) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; (e) I am infash; and (e) I am infash; and (e) I am infash with my society without knowledge of how I am infash.”

According to the above facts of recognition, it is clear in light of the rule of experience that the plaintiff suffered mental suffering due to the above bath performed by the defendant. Thus, the defendant is obliged to compensate the plaintiff for mental suffering due to the tort.

On the other hand, considering the contents of the bath theory that the Defendant made to the Plaintiff, the degree of suspicion, the time during which the bath theory continues, the circumstances leading to the bath, and other circumstances, it is reasonable to determine the amount of damages at KRW 500,000.

Therefore, the defendant is obligated to pay to the plaintiff 50,000 won and the delay damages calculated at the rate of 5% per annum as stipulated in the Civil Act from October 23, 2018, which is the date when the judgment of the court is rendered, to April 22, 2020, and 12% per annum as stipulated in the Act on Special Cases concerning the Promotion, etc. of Legal Proceedings, from the next day to the date when the defendant has fully repaid.

If so, the plaintiff's claim is justified within the above scope of recognition, and the remaining claims are groundless.

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