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(영문) 서울동부지방법원 2016.02.03 2015나22764
손해배상(기)
Text

1. All appeals filed by the Defendant (Counterclaim Plaintiff) and incidental appeals filed by the Plaintiff (Counterclaim Defendant) are dismissed.

2. The costs of appeal shall be individually counted.

Reasons

1. Basic facts

A. The Plaintiff is the lessee of Songpa-gu Seoul Metropolitan Government C building 302 (hereinafter “302”), and the Defendant operates a real estate brokerage office with her husband D who is a licensed real estate agent.

B. The Plaintiff’s term of the lease agreement (302) was from February 12, 2013 to February 11, 2014, and on January 201, 2014, the lessor, who was a first month prior to the expiration of the lease term, requested the lessor to mediate a new lease agreement with a person who will rent No. 302 on E-real estate.

C. On January 6, 2014, the Plaintiff attending the workplace at the request of the Defendant that it is necessary to display inside the house to those who are willing to rent No. 302 for the purpose of real estate brokerage, and the key of 302 and the key of the security card (hereinafter referred to as “heat, etc.”).

(1) A notice was given to the Defendant. [The fact that there is no dispute over the grounds for recognition, the entry of evidence Nos. 1, 2, and 3, and the purport of the entire pleadings]

2. The plaintiff's assertion and judgment

A. On January 7, 2014, the Plaintiff’s assertion 1) caused the Plaintiff’s prior consent when delivering key, etc. to the Defendant, and there was no consent to the Plaintiff’s taking of 302 internal organs. Nevertheless, around January 7, 2014, the Defendant entered 302 with F, a real estate broker, and entered 302 without the Plaintiff’s consent. The Defendant did not restrain the Defendant from taking the internal organs of 302, and then laid the pictures on the Internet bulletin board, and thereby infringed the Plaintiff’s private life. Accordingly, the Defendant paid KRW 2 million to compensate the Plaintiff for damages for emotional distress suffered by the Plaintiff due to the act of privacy (a supplementary appeal is limited to KRW 200,000,000).

(2) In full view of the evidence Nos. 2 and 5, and evidence Nos. 2 and 1, the Plaintiff issued the key, etc. to the Defendant and received the Plaintiff’s consent when entering 302, and the internal photograph of No. 302.

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