(영문) 대구지방법원 2015.03.25 2014가단118199

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(영문) 대구지방법원 2015.03.25 2014가단118199

손해배상(기)

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1. The Defendant’s KRW 700,000 as well as the annual rate from August 13, 2014 to March 25, 2015 to the Plaintiff.

Reasons

1. Determination as to the occurrence of liability for damages

A. Facts of recognition 1) Young-jin Corporation (hereinafter “ Young-jin Corporation”)

(2) The Defendant is a company that produced aggregate with permission for the collection of earth and rocks in the Glurg-gun, Glurg-gun, and the Defendant is a company that traded the outside stone with the Youngjin-gun, Inc. (hereinafter “D”).

A) The representative director is the Plaintiff. The Plaintiff is a person who filed a civil petition with the Office of Boldong-gun to the effect that the Plaintiff suffered damage due to noise, vibration, etc. arising from the business of a field-based enterprise. 2) The Defendant, around December 18, 2013, filed a civil petition with the Plaintiff in the Flur-gun E located in the Glurdong-gun, Glur-gun, Glur-gun, U.S., and the Plaintiff filed a civil petition in relation to the field of a field-based enterprise and D’s business with the Ulur-gun, the Defendant would be deemed to have been a good faith for the Plaintiff at the same time without the withdrawal of the civil petition.

It is not easy to send a list of difficulties(s).

“The Plaintiff threatened the Plaintiff as “....”

3) The Defendant was convicted of a fine of KRW 2 million on July 9, 2014 due to the act described in the foregoing paragraph (2) and the judgment was finalized on December 3, 2014.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 4, purport of whole pleadings

B. According to the above facts of recognition, the defendant committed a tort that threatens the plaintiff, so the defendant is liable to compensate the plaintiff for damages incurred therefrom.

2. Determination on the scope of damages

A. The Plaintiff’s assertion asserts that the Plaintiff suffered damages equivalent to KRW 20 million, by suffering mental pain, such as withdrawing a civil petition filed by the Defendant’s intimidation, and not receiving KRW 50 million, which could have been received from a field-based enterprise due to the withdrawal of the civil petition filed by the Defendant’s intimidation, and that the Plaintiff sustained damages equivalent to KRW 20 million in total.

B. According to the respective descriptions of Gap evidence Nos. 5 and 8, determination 1 is followed.

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