(영문) 광주지방법원 2020.02.18 2019가단516185

beta

본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.

Text

Reasons

텍스트 조절

글꼴

크기(pt)

굵기

줄 간격

자간(%)

(영문) 광주지방법원 2020.02.18 2019가단516185

손해배상(기)

Text

1. The primary Defendant is 5% per annum from May 30, 2019 to February 18, 2020 each of the Plaintiffs’ KRW 4,00,000, and each of them.

Reasons

1. Basic facts

A. On September 9, 2018, the Plaintiffs entered into a marriage preparations agreement with the director of the division of the trading consulting company with “E” at the marriage exhibition site, setting the amount of money as KRW 2,500,000 with respect to the trading consulting with “Scisd photographs, principal type photographs, drums, mail cream, hedging, etc.”

(hereinafter “instant contract”). (b)

On April 20, 2019, the plaintiffs were married with the defendant on April 20, and the photographer in a contractual relationship with the defendant taken pictures of the plaintiffs' marriage heading, their families, relatives, and relatives into digital cameras. However, since the above photographer's photograph was stored, it was impossible to restore the plaintiff's marriage heading photo files due to the negligence that taken other wedding photographs on the Memographer card in which the plaintiffs' photograph was stored.

[Ground of recognition] Facts without dispute, entry of Gap evidence 3, 15, and 16, the purport of the whole pleadings

2. The parties' assertion

A. The plaintiffs asserted that they entered into the contract of this case with the primary defendant, and due to impossibility of recovery of pictures, the duty to provide the same of the contract of this case was omitted and the plaintiffs suffered mental suffering. Therefore, the primary defendant is obligated to pay the plaintiffs the above liability for damages, each of the total of KRW 750,000 ( KRW 1,50,000 x 1/2 x 25,000 x 1/2), and the total of KRW 25,750,000 for consolation money, each of which is equivalent to the cost of marriage photographs, which is the property damage amount, to the plaintiffs, and the damages for delay. If the primary defendant is not a party to the contract of this case, the primary defendant is liable for the damages as above to the plaintiffs.

B. The primary defendant and the conjunctive defendant's assertion that the plaintiff A is not a party to the contract of this case, and thus, the primary defendant is merely a worker employed by the plaintiff, who is the business owner, and thus the primary defendant is also liable for damages.

3. Determination. (a)

유사 판례

-광주지방법원 2020.02.18 2019가단516185

-서울중앙지방법원 2018.02.07 2017가단5087087

-대전지방법원 2019.07.09 2017가단228332

-서울중앙지방법원 2016.09.29 2014가합33791

-광주지방법원 2018.04.06 2016나57464