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(영문) 춘천지방법원 강릉지원 2018.06.19 2017가단4207
손해배상(기)
Text

1. The Defendant’s KRW 3,00,000 as well as the Plaintiff’s annual rate from June 16, 2016 to June 19, 2018, and June 20, 2018.

Reasons

Comprehensively taking account of the respective descriptions and arguments in subparagraphs 1, 2, and 3 as well as the overall purport of the arguments, the Plaintiff is the owner of C/C railway site 2,504 square meters, and the Defendant is the owner of C/C. The Defendant, in relation to the submission of the above D/C applications, agreed to use D/C roads for the Plaintiff’s land by December 31, 2015 in the course of establishing a community hall in E adjacent to the above land, and the Plaintiff closed the roads after the above contract period, and even though the Plaintiff was closed due to the above passage, there was no particular obstacle to the neighboring residents’ livelihood due to the closure of the roads, the Defendant, on June 16, 2016, prepared a false application as if the Plaintiff had closed the above passage roads without permission, and submitted it to Sam-do viewing with the signature of 498 residents, and the Defendant, in relation to the submission of the above application, can recognize the fact that a fine of two million won, which became final and conclusive.

According to the above facts of recognition, such defendant's act constitutes a tort detrimental to the plaintiff's reputation, and the defendant is liable to compensate for mental damage suffered by the plaintiff, unless there are special circumstances.

(Article 751 (1) of the Civil Act). The defendant asserts that the main contents of the application for coal are consistent with objective facts, and that the application for coal was prepared for the public interest of village residents, and thus illegality is excluded. However, as acknowledged earlier, the defendant's assertion is without merit, since the important contents of the application for coal cannot be viewed as being consistent with objective facts.

With respect to the amount of consolation money that the defendant should compensate, it seems that the plaintiff suffered considerable mental pain, such as having received a mental treatment due to the plaintiff's occurrence (Evidence No. 4, No. 5-1, No. 2). On the other hand, the primary purpose of preparing a written application is to damage the defendant's honor rather than to harm the defendant's reputation.

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