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(영문) 수원지방법원 안양지원 2018.11.22 2018가단100821
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Judgment on the plaintiff's claim

A. The plaintiff asserts that the plaintiff should pay consolation money as stated in the purport of the claim to the plaintiff, since the defendant committed an unlawful act, such as the attached Form, and caused mental pain to the plaintiff as the ground of the claim in this case.

In this regard, the defendant asserts that the three-year extinctive prescription has expired, even if there was no fact of tort, such as the plaintiff's assertion, and even if recognized.

B. Attached Form 1 that the Plaintiff asserts as the Defendant’s tort

B. 1) On March 2015, among the acts described in subparagraph 1, it is acknowledged that the Plaintiff sent the instant text message to the Defendant on the basis of the fact that the Defendant sent the instant text message to the Defendant on the following grounds: “On the basis of the fact that the Defendant sent the text message as alleged by the Plaintiff, it would be difficult to view that the Defendant committed a tort against the Plaintiff solely on the basis of the fact that the Defendant sent the said text message to the Office of Education on the basis of a mobile phone text message, and that the Plaintiff’s act was committed against the Plaintiff. The remainder of tort (hereinafter “instant tort”) alleged by the Plaintiff was committed by the Plaintiff prior to the lapse of the extinctive prescription period under Article 16(1)6 of the Civil Act (hereinafter “instant tort”).

Even if the defendant's liability for damages is acknowledged as the plaintiff's assertion, if the plaintiff's claim for damages expired by prescription, the plaintiff's claim cannot be accepted. Thus, the plaintiff's claim for damages is extinctive prescription.

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