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(영문) 부산지방법원 2015.11.24 2015가단14477
손해배상(기)
Text

1. The Defendant’s KRW 2,394,570 as well as the Plaintiff’s annual rate from August 1, 2014 to November 24, 2015.

Reasons

1. Basic facts

A. On August 25, 2014, the Defendant received a summary order of KRW 1.5 million from the Seoul Western District Court on the grounds that “the Defendant, from May 17, 2014 to June 1, 2014, was suspected of suspicion between C and the Plaintiff in a relationship with the Defendant, the Defendant received a summary order of KRW 1,50,00,00 from the Seoul Western District Court, stating that “On the grounds that there is suspicion between C and the Plaintiff, who had a relationship with the Defendant, using a Handphone, used the Handphone, caused fear or apprehensions to the Plaintiff over 87 occasions, and that the said summary order became final and conclusive around that time.

B. On November 25, 2014, the Defendant received a summary order of KRW 2,00,000 from the Seoul Western District Court on the criminal fact that “the Defendant, from July 29, 2014 to August 1, 2014, sent to the Plaintiff a cell phone used by the Plaintiff in the Seoul Mapo-gu Seoul Mapo-gu’s previous residential area, and reached the language that may cause apprehensions to the Plaintiff over 28 times,” and the said summary order became final and conclusive around that time.

C. From August 28, 2014 to December 30, 2014, the Plaintiff was diagnosed with stress disorder, etc. in Busan University Hospital, and paid KRW 394,570 as medical expenses.

[Ground of recognition] Unsatisfy, each entry of Gap evidence 1 to 6 (including virtual number), and the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition of the liability for damages, the defendant reached the plaintiff with the words causing uneasiness repeatedly. Thus, the defendant is liable to compensate the plaintiff for the damages suffered by the plaintiff due to the above tort, barring any special circumstance.

B. (1) According to the above facts of recognition of medical expenses, it is reasonable to deem that the Plaintiff was receiving medical treatment in Busan University Hospital due to the Defendant’s tort. Therefore, the Defendant is liable to compensate the Plaintiff for KRW 394,570 that the Plaintiff spent as medical expenses at the above hospital.

(2) According to the above facts of recognition of consolation money, the plaintiff's tort committed by the defendant.

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