logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울고등법원 2016.01.13 2015나2046629
손해배상금
Text

1. All appeals filed by the plaintiff and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasoning of the court of first instance’s acceptance of the judgment is as stated in the reasoning of the judgment of the court of first instance, except in the following cases. Thus, it is acceptable to accept it as it is by the main sentence of Article 420 of the Civil Procedure Act.

In the 6thhhh of the judgment of the first instance, the phrase “in this way” in the 7th sentence of the judgment of the first instance shall be changed to “in this way.” The phrase “17” in the 7th sentence of the judgment of the first instance shall be changed to “17,19.” The phrase “in this way” in the 7th sentence of the judgment of the first instance shall be changed to “in this way,” and the phrase “in this way,” in the 7th sentence of the judgment of the first instance shall be changed to “in this way,” “in this way, the 7th sentence shall be changed to “in this way,” and the 7th sentence of the judgment of the first instance shall be changed to “in this case, the 11-1 and 2nd sentence” in the 8th sentence of the judgment of the first instance shall be changed to “in this case, the 8th sentence of the judgment shall be applied on the ground that the consultation with the debtor on the repayment of debts is in progress.”

Even if the plaintiff's assertion of consolation money is included in the plaintiff's assertion of consolation money under the false lien report, it has already been recognized prior to the plaintiff's property damage due to the defendant's false lien report in this case. In general, in case where the property right is infringed due to other person's tort, mental suffering shall also be recovered by compensation for the property damage. Thus, in order to accept the plaintiff's claim of consolation money, there should be any irrecoverable mental damage that can not be recovered only by compensation for the above property damage. Thus, the defendant filed a false lien report at the auction of this case, designated the highest price as the bidder, paid in full, and acquired the ownership of the real property of this case, but the above facts of recognition and the evidence submitted by the plaintiff can be recovered only by the compensation for the above property damage

arrow