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(영문) 서울북부지방법원 2020.04.28 2019가단18591
계금 등
Text

1. The Defendant’s KRW 31,070,000 and its amount shall be 5% per annum from October 1, 2019 to November 26, 2019 to the Plaintiff.

Reasons

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

2. Articles 208(3)1 and 257 of the Civil Procedure Act: A judgment without holding any pleadings;

3. In a case where the property right is infringed due to a tort committed by another person, the compensation for property damage shall also be deemed to have been recovered from mental suffering. Thus, there are special circumstances that the plaintiff suffered from irrecoverable mental suffering due to the compensation for property damage, and only where the defendant knew or could have known such circumstance, the consolation money for mental suffering may be recognized (see, e.g., Supreme Court Decision 93Da59779, Dec. 13, 1994). The plaintiff's assertion alone cannot be deemed to have any special circumstance, and the part of the plaintiff's claim for consolation money is dismissed, and part of the damages for delay exceeding the statutory interest rate is dismissed.

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