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(영문) 대구지방법원서부지원 2016.12.15 2016가단52986
손해배상(기)
Text

1. The Defendant’s KRW 18,393,60 for the Plaintiff and 5% per annum from January 25, 2016 to December 15, 2016, and the following.

Reasons

1. Indication of claims: To describe the causes of claims in attached Form and the amended causes of claims as follows; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. Partial dismissal: In a case where a part of the claim for consolation money is generally infringed on a property right by a tort of another person, mental suffering is also deemed to be recovered by compensation for such property damage. Thus, if an irrecoverable mental damage was caused by compensation for property damage due to special circumstances and the perpetrator could claim consolation money for such damage only if he knew or could have known such circumstance (see, e.g., Supreme Court Decision 91Da3834, May 26, 1992). Thus, the plaintiff's claim for consolation money is dismissed without any evidence to acknowledge that the defendant knew or could have known such circumstance.

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