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1.The judgment of the first instance shall be modified as follows:
Of the instant lawsuits, the amount of KRW 150,000 shall apply.
Reasons
1. Basic facts
A. On May 3, 2014, the Korean Seniors Association held an executive meeting to manage the public fund passbook in the said passbook, and issued a disposition to remove the Plaintiff from the said passbook on March 10, 2014 on the ground that the Plaintiff, who held the said passbook, withdrawn KRW 300,000 on a total of KRW 350,000 on March 18, 2014, and embezzled total of KRW 350,000 (hereinafter “instant expulsion disposition”).
B. After the disposition for expulsion of this case was rendered, the Plaintiff filed a lawsuit against the Defendants, an executive officer of the above senior citizen center, seeking compensation for mental damage incurred by the Plaintiff due to the instant expulsion disposition (hereinafter “previous lawsuit”). On November 18, 2015, the above court ordered the Defendants to jointly and severally pay KRW 150,000 out of the claimed amount of KRW 3,60,000, and damages for delay thereof, and the judgment dismissing the remainder of the claim (hereinafter “previous judgment”), which became final and conclusive around that time.
[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 3, 6, Eul evidence No. 1, the purport of the whole pleadings
2. Determination on the defense prior to the merits
A. As to the Defendants’ assertion that the Plaintiff suffered from mental pain due to the instant expulsion disposition due to the Defendants’ mistake, the Defendants asserted that the Defendants’ claim against the Defendants for the payment of KRW 5,500,000 corresponding to the part from September 12, 2014 to December 2015, excluding the remainder from the date of the instant expulsion disposition, which was claimed as consolation money for mental pain as a matter of compensation for the said mental pain, was unlawful since the Defendants violated the res judicata effect of the previous judgment.
B. The consolation money recognized on the ground of one tort is for the victim to suffer from mental suffering caused by the tort.