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(영문) 서울중앙지방법원 2017.08.22 2016나64199
손해배상
Text

1. Of the judgment of the court of first instance, the part against the plaintiff corresponding to the subsequent order of payment shall be revoked.

The defendant.

Reasons

1. The reasoning of this Court’s judgment cited in the judgment of the first instance is as follows, and such reasoning is the same as that of the judgment of the first instance, and thus, is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Parts to be removed or added;

A. The following is added to the “the occurrence of liability for damages” part 3 of the judgment of the first instance court.

At the time of the instant harmful act, the Plaintiff asserted that “the Plaintiff committed an unlawful act by attaching the Defendant’s husband,” and that the Plaintiff made a sexual harassment or sexual insult to the Plaintiff, and that such a written indictment spreads to the neighboring merchants, thereby causing the Plaintiff to become unable to operate the place of business.

However, the statement of No. 10 alone made the Defendant a statement that constitutes sexual harassment or sexual insult to the Plaintiff.

It is not sufficient to recognize that the plaintiff has reached a situation where the plaintiff is unable to operate his/her workplace, and there is no other evidence to acknowledge it.

B. The part of the judgment of the court of first instance regarding the “limit of liability” in part 4 of the judgment is as follows.

Although the defendant asserts that the defendant's act of this case should be taken into account as the defendant's liability limitation ground is that the plaintiff's act of this case was caused by the defendant's intentional assault, and there is no evidence to recognize that the plaintiff caused the defendant's assault by viewing the defendant's or the defendant's husband's husband or by spreading false facts, the defendant's liability is not limited.

C. The part of the judgment of the court of first instance in part 4 of the judgment is as follows.

Therefore, the defendant's 3,752,306 won (i.e., expenses for substitute human resources of 2,626,500 won including medical expenses) and 125,806 won for consolation money of 1,00,000 won, which are cited in the judgment of the first instance court, shall be subject to the plaintiff's claim as to 2,926,614 won.

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