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(영문) 서울중앙지방법원 2019.03.29 2018나56109
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be revoked.

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, and such reasoning is identical to the reasoning of the judgment of the court of first instance, and thus, it is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. As follows, the part of the judgment of the court of first instance, 3rd to 12th to 19th to 3th 19th 19.

According to the above facts of recognition, the defendant is responsible for compensating the plaintiffs for mental damage caused by the above illegal acts.

In full view of all the circumstances revealed in the arguments, such as the claim relation between the parties who were the basis of the case, the degree and result of assault and intimidation used as a means of revolving, the sentencing of the criminal trial against the defendant, and the fact that the previous car was recovered ultimately, the consolation money to be paid by the defendant to each plaintiff shall be three million won.

Therefore, the defendant is obligated to pay damages for delay at the rate of 5% per annum under the Civil Act from March 7, 2018, which is the day following the delivery date of the application for correction of the purport and cause of the claim of this case for compensation to the plaintiffs, to July 25, 2018, and 15% per annum under the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the day of complete payment.

3. In conclusion, the plaintiffs' claims are accepted within the scope of the above recognition, and the remaining claims are dismissed as without merit. Since the judgment of the court of first instance is unfair with a different conclusion, part of the defendant's appeal is accepted, and the part of the judgment of the court of first instance against the defendant in excess of the above order of payment is revoked, and the plaintiffs' claim corresponding to the revoked part is dismissed. The defendant's remaining appeal is dismissed as without merit. It is so decided as per

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