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(영문) 수원지방법원 2020.06.18 2020가단6692
손해배상
Text

1. The defendant shall pay 43,490,000 won to the plaintiff.

2. The plaintiff's remaining claims are dismissed.

3. The costs of the lawsuit.

Reasons

1. The description of the grounds for the claim shall be as specified in the attached Form;

2. Judgment with no applicable provisions of Acts (Article 208 (3) 1 of the Civil Procedure Act);

3. The reason for partial dismissal is that the Plaintiff sought a total of 5,6510,00 won as consolation money due to failure to seek a cosmetic room and a house with the amount obtained by deception as compensation for damages.

However, in a case where a property right is infringed due to a tort committed by another person, it shall be deemed that the mental suffering is recovered from the compensation for such property damage. Thus, if a property damage occurs which is irrecoverable from the compensation for property damage, this shall be a damage due to special circumstances and the perpetrator may claim consolation money for such damage only if he/she knew or could have known such circumstances (see Supreme Court Decision 2014Da38272, Mar. 26, 2015). This part of the claim is dismissed on the ground that the circumstance asserted by the Plaintiff alone cannot be deemed to have any such special circumstance.

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