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(영문) 대구지방법원김천지원 2016.11.16 2016가단32175
손해배상(기)
Text

1. The Defendant’s KRW 46,712,430 as well as the Plaintiff’s annual rate from March 5, 2016 to November 16, 2016, and the following.

Reasons

1. Indication of claims: It shall be as shown in attached Form; and

2. Judgment by public notice (Article 208 (3) 3 of the Civil Procedure Act).

3. The plaintiff's ground for partial dismissal is to seek consolation money of KRW 10 million against the defendant.

In general, in a case where a property right is infringed due to a tort of another person, the mental suffering shall be deemed to be recovered from the compensation for the property damage unless there are special circumstances, and in a case where a property damage cannot be recovered from the compensation alone, the consolation money may be recognized.

(See Supreme Court Decision 2003Da22912 delivered on July 25, 2003). In light of the following, the evidence submitted by the Plaintiff alone is insufficient to recognize that there was an irrecoverable mental damage solely with the compensation for property damage. The Plaintiff’s assertion on this part is without merit, inasmuch as there is no other evidence to acknowledge it.

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