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(영문) 서울동부지방법원 2019.06.05 2018나29179
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The defendant.

Reasons

1. Comprehensively taking account of the purport of Gap evidence No. 1’s written evidence and the entire argument as to the cause of the claim, the defendant, at the time of Jinjin-si around 00:21, on June 5, 2015, called, “The number, address, and telephone number of the guee is known to the plaintiff via the defendant’s mobile phone,” and, at the time of Jinjin-si around 0:21, the defendant made a phone call to the plaintiff with the Defendant’s mobile phone, it would be soon known. We need not look at. We need not look at. The fact that the defendant threatened the plaintiff.”

According to the above facts of recognition, it is clear in light of the empirical rule that the defendant committed a tort by threatening the plaintiff, and that the plaintiff would suffer mental loss. Thus, the defendant is obligated to compensate for the plaintiff's mental loss in money.

Furthermore, in relation to the amount of consolation money that the defendant should compensate, a fact-finding court may determine the amount of consolation money for emotional distress suffered by a tort at its own discretion, taking into account various circumstances (see, e.g., Supreme Court Decision 98Da41377, Apr. 23, 199). Considering all the circumstances, such as the content and degree of the defendant's intimidation, the frequency of the defendant's intimidation, the circumstances leading up to the intimidation, and the degree of the plaintiff's emotional distress, it is reasonable to determine consolation money for emotional distress suffered by the plaintiff due to the defendant's intimidation as 30,000 won.

Therefore, the defendant is obligated to pay to the plaintiff 30 million won consolation money and 15% interest per annum from April 26, 2018 to the day of full payment, as claimed by the plaintiff, as the result of the service of a copy of the complaint of this case after the date of the above tort.

The plaintiff sought for the payment of damages for delay calculated at the rate of 24%, but as recognized earlier, the rate of damages for delay stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings is 15% per annum.

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