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(영문) 수원지방법원 안산지원 2018.06.27 2018가단53866
손해배상(기)
Text

1. The Defendant’s KRW 3,348,150 as well as 5% per annum from July 11, 2017 to May 2, 2018 to the Plaintiff.

Reasons

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

2. Judgment without holding any pleadings (Article 208 (3) 1 of the Civil Procedure Act);

3. In general, in a case where a property right is infringed by a tort of another person, mental suffering shall be deemed to have been recovered from the compensation for such property damage. Thus, in a case where an irrecoverable mental damage was caused by compensation for property damage, this can be recognized as consolation money for such damage only when the perpetrator knew or could have known such circumstance (see, e.g., Supreme Court Decision 87Meu1096, Mar. 22, 198).

No evidence exists to deem that the Defendant knew or could have known such circumstances, the Plaintiff’s claim for consolation money in the instant claim is rejected.

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