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(영문) 춘천지방법원속초지원 2015.12.22 2015가단2029
부당이득금
Text

1. The Defendant: (a) KRW 1,000,000 for the Plaintiff and 5% per annum from June 30, 2015 to December 22, 2015.

Reasons

1. The defendant's judgment on the main defense of this case is related to the documents already determined in Chuncheon District Court's 2014Kadan3308 case. Thus, the lawsuit of this case is filed in duplicate, and thus, the lawsuit of this case is unlawful. Thus, in full view of the purport of the statement of evidence No. 1 and the whole purport of oral argument as to the above 2014Gadan3308 case, it can be acknowledged that the ground for the claim of this case in the above 2014Kadan3308 case is a claim for damages on the ground of the defendant's forgery and exercise of the "refital mortgage contract". As examined below, the plaintiff's ground for the claim of this case is a claim for damages on the ground of the defendant's forgery of "the certificate of rent"

2. Comprehensively taking account of the purport of Gap evidence No. 1's statement and the whole arguments as to the cause of the claim, it is reasonable to view the defendant's compensation as KRW 1,00,000,00, in full view of all the circumstances revealed in the arguments, such as the circumstance that the defendant caused the above tort, the form and method of the act, and the circumstances after the act, etc., it is obvious in light of the empirical rule that the plaintiff had suffered mental suffering from the above tort.

However, since there is no evidence to prove that the plaintiff suffered property damage due to the above illegal acts by the defendant, this part of the claim is rejected.

(1) The court below held that the plaintiff's claim for damages caused by tort is the cause of the claim in this case. Thus, the plaintiff's claim for the damages of property and mental damage is determined by the court below. Thus, the defendant's claim for damages of KRW 1,00,000 and the plaintiff's claim in this case.

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