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(영문) 광주지방법원목포지원 2016.02.24 2015가단4533
손해배상(기)
Text

1. The Defendant’s KRW 2,00,000 as well as 5% per annum from May 23, 2015 to February 24, 2016 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. In fact, the Defendant had been working as the election campaign manager of the preliminary candidate C of the preliminary candidate of the newly held local election of the 6th nationwide provincial election, and the Plaintiff, a preliminary candidate of the same newly held group, filed an accusation with the newly held election commission on the purport that C made an act of contribution by the same preliminary candidate of the same newly held military unit, and had the intention to mislead

On May 10, 2014, the Defendant called the Plaintiff at an influent place and called the Plaintiff at the time on May 18:24, 2014, and made the Plaintiff a recording of “I would know who would be fluort. He would be fluored.” The Defendant appears to have expressed the Defendant’s vision from around 18:24 on May 10, 2014 to May 19:31, 2014, by disclosing a voice file recording the fact that “I will live only once in fluor,” and that the Defendant would have threatened the Defendant with a threat of harm and injury to the Defendant’s reputation by disclosing the voice file recording the fact that I would like to mislead the Defendant into women’s relations and live in other persons.”

Accordingly, the plaintiff threatened the defendant, who is a preliminary candidate for the newly held local election of the 6th National Dong-si local election.

On October 16, 2014, the Defendant was sentenced to a fine of KRW 2.5 million at this court (2014 high-scale 113) for the following criminal facts, and the judgment became final and conclusive on October 24, 2014.

[Ground of recognition] Unsatisfy, entry of evidence No. 1-10, and substantial facts to this court

B. The gist of the Plaintiff’s assertion was that the Defendant inflicted mental pain on the Plaintiff by verbal abuse, intimidation, etc., and the Defendant should pay KRW 20,000,100 to the Plaintiff as consolation money.

C. According to the facts found earlier, as the Defendant threatened the Plaintiff as above, it is liable to compensate the Plaintiff for the emotional distress suffered by the Plaintiff in money.

Furthermore, concerning the amount of consolation money.

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