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(영문) 수원지방법원안산지원 2020.09.24 2020가단4027
손해배상
Text

1. The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from August 1, 2020 to September 24, 2020, and thereafter.

Reasons

1. Indication of claims: To be as shown in attached Form;

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

A. The evidence submitted by the Plaintiff alone is insufficient to recognize the fact that the Plaintiff paid KRW 3,00,000 to the Defendant on May 28, 2019, and there is no other evidence to acknowledge it. Therefore, the Plaintiff’s claim on this part is rejected.

B. Regarding the plaintiff's claim for consolation money, in a case where the property right is infringed due to other person's tort, it shall be deemed that the mental suffering is recovered from the compensation for the property damage. If there was an irrecoverable mental damage due to the compensation for the property damage, this is a special circumstance and the perpetrator knew or could have known such circumstance (see, e.g., Supreme Court Decision 96Da31574, Nov. 26, 1996). The evidence submitted by the plaintiff alone is insufficient to recognize the fact that the plaintiff suffered irrecoverable mental damage due to the defendant's tort, and there is no other evidence to acknowledge it.

Therefore, the plaintiff cannot accept this part of the claim.

4. Conclusion, the Defendant is obligated to pay the Plaintiff damages amounting to KRW 20,000,000 (= KRW 6,000,000) and damages for delay calculated at each rate of 5% per annum as stipulated in the Civil Act until September 24, 2020, which is the date of this decision, where it is deemed reasonable for the Defendant to dispute as to the existence or scope of the obligation of performance of this case from August 1, 2020 following the delivery of the written complaint of this case to the date of complete payment, and 12% per annum as stipulated in the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following to the date of complete payment.

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