(영문) 창원지방법원 2015.01.30 2013가단3654

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(영문) 창원지방법원 2015.01.30 2013가단3654

손해배상(기)

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1. The plaintiff (Counterclaim defendant)'s main claim and the defendant (Counterclaim plaintiff)'s counterclaim are all dismissed.

2. The costs of lawsuit shall be.

Reasons

The principal lawsuit and counterclaim shall be deemed together (the plaintiff and the defendant did not comply with the demands of this court to further prove the cause of the principal lawsuit and the counterclaim). 1. Fact of recognition

A. On March 11, 2012, the Plaintiff: (a) promised to use a room with theme of a postnatal care center run by the Defendant for KRW 1,800,000 for two weeks; (b) however, the relationship with which the date of birth has not become final and conclusive and determined the number of houses on the childbirth date.

B. C was given birth on July 28, 2012 and was allowed to use the said postnatal care center on July 30, 2012. However, there was no room for the mouths originally planned, so that the said postnatal care center could use a smaller room in the said postnatal care center, and the dispute arose and eventually, the Plaintiff was eventually allowed to use a larger DNA room for two days.

C. After C left the said postnatal care center, the Plaintiff posted a notice in writing on the Internet camera bulletin board, such as “D” and “E,” etc. on the grounds that the room was changed.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to Gap evidence 3, purport of whole pleading

2. Determination as to the principal lawsuit

A. The Plaintiff’s assertion that: (a) the Defendant’s negligence surrounding the use of the said postnatal care center; (b) caused damages equivalent to KRW 28,571 in the difference between the user fee paid by the Plaintiff during the use of the DNA room that the Plaintiff did not want for two days (hereinafter “claim”); (c) caused damages equivalent to KRW 80,000 in the mountain Marina service program that the Defendant was unable to have known in advance to the Defendant (hereinafter “B’s assertion”); (d) caused damages equivalent to KRW 300,00 in the cost of using the said postnatal care center after leaving the said postnatal care center due to stress; and (d) caused emotional distress and stress in the said postnatal care center; and therefore, the Defendant sustained a total of KRW 2,40,000 in the calculation of the fee.

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