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(영문) 청주지방법원충주지원 2019.05.23 2019가합29
손해배상(기)
Text

1. The Defendant: (a) KRW 3,000,000 to Plaintiff A; (b) KRW 2,000,000 to Plaintiff B; and (c) KRW 1,00,000 to Plaintiff C and each of the said money.

Reasons

1. Judgment on the claim of consolation money based on tort

A. Comprehensively taking account of the overall purport of the arguments in each statement in Gap (including provisional numbers), the defendant filed a claim for a summary order of KRW 5,00,000 with the Jung-gu District Court Decision 2018 High Court Decision and issued a summary order of KRW 5,00,000 on April 10, 2018, on which the defendant filed a claim for formal trial with the Jung-gu District Court Decision 2018 High Court Decision and was sentenced to KRW 5,00,000 on May 10, 2018, and the above judgment became final and conclusive at that time.

According to the above facts, since it is apparent in light of the empirical rule that the plaintiffs suffered mental suffering due to the above defendant's illegal acts (Intimidation), the defendant is obliged to compensate the plaintiffs for mental suffering in money.

B. Furthermore, the scope of liability for damages and the amount of consolation money for emotional distress suffered by the Defendant’s tort can be determined by the fact-finding court at its own discretion, taking into account various circumstances (see, e.g., Supreme Court Decision 2016Da266606, 26613, Nov. 29, 2018). Considering the content and degree of the Defendant’s act of intimidation, the degree of mental distress that each of the Plaintiffs received as a result of the intimidation, the circumstances and subsequent circumstances of the Defendant’s intimidation, the relationship between the Plaintiffs and the Defendant, and the Defendant’s fine imposed on the Defendant in the relevant criminal case, consolation money for emotional distress suffered by the Plaintiffs due to the Defendant’s above intimidation should be determined at KRW A3,00,000, Plaintiff B2,000,000, Plaintiff C1,000, and KRW 31,000,000.

C. Accordingly, according to the theory of litigation, the defendant sought against the plaintiff A as consolation money, the plaintiff B, the 2,000,000 won, and the plaintiff C, the 1,000,000,000 won, and each of the above money.

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