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(영문) 청주지방법원 2020.05.01 2019나14685
손해배상(기)
Text

1. All appeals by the plaintiffs and the defendant are dismissed.

2. The costs of appeal shall be borne by each party.

purport, purport, and.

Reasons

1. Summary of grounds for appeal;

A. In a separate civil lawsuit conducted between the plaintiffs A, C, and the defendant (hereinafter "related civil lawsuit"), the plaintiff A and C were sentenced to the defendant to pay consolation money in an amount equivalent to five million won each, respectively.

However, despite the Defendant’s contact with the Plaintiffs and continued abusive language for a number of months by telephone, text message, etc., the Defendant’s judgment of the first instance court ordering the Plaintiff A to pay consolation money of KRW 1 million and KRW 2 million each to the Plaintiff B and C is unreasonable in light of the principle of fairness.

B. A dispute arises between the plaintiffs and the defendant due to the plaintiff Eul's improper act, which is the plaintiff A and the defendant's husband, and allowing the defendant to pay consolation money to the plaintiffs is in violation of the principle of good faith (However, the defendant expressed his intention to settle the dispute as soon as possible because he agreed to the contents of the judgment of the court of first instance and paid consolation money to the plaintiffs through a preparatory document dated April 9, 2020). 2. In full view of the following circumstances, the amount of consolation money ordered to be paid to the defendant at the court of first instance, the evidence submitted at the court of first instance, the evidence additionally presented at the court of first instance, and the purport of the whole arguments.

Therefore, each of the plaintiffs and the defendant's arguments is without merit.

It is recognized that the plaintiff A and C paid consolation money of KRW 5 million to the defendant in the related civil procedure.

However, the opportunity for the dispute between the plaintiffs and the defendant to occur is because the original relationship between the plaintiff A and the defendant's husband E continues.

Accordingly, even if the defendant first expressed a desire or intimidation to the plaintiffs, it cannot be said that there is no reason or illegality for the plaintiffs' acts.

In addition, the plaintiff A is his own misconduct.

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