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(영문) 창원지방법원 2020.07.09 2019나59667
손해배상(기)
Text

1. The plaintiff's appeal against the defendant B is dismissed.

2. Of the judgment of the court of first instance, the part against Defendant C and D.

Reasons

1. The basic facts;

2. The grounds for this part of the judgment of the court of first instance are the same as the corresponding part of the reasons for the court of first instance.

(Article 420 of the Civil Procedure Act). 3. Calculation of the amount of damages

A. The reasoning for this part of the judgment of the court of first instance is that of the corresponding part among the reasons for the judgment of the court of first instance.

(2) by striking each share of the reasons for the judgment of the court of first instance;

Article 420 of the Civil Procedure Act (main sentence of Article 420 of the Civil Procedure Act) The plaintiff asserts to the following purport:

“Plaintiff was at the age of 60 years due to the Defendant’s criminal act in the latter half of the said year, and was suffering from several years to recover damage. Nevertheless, the Defendants denied, did not go through a criminal act, and did not enjoy any criminal proceeds. The damage recovery has not yet been achieved. The Plaintiff’s son operating a pharmacy in the commercial building where the instant sales contract was concluded is undergoing conflict between her family members at a significantly low level than her monthly pharmacist. Therefore, the Defendants jointly paid a solatium amounting to 50,000,000 won to the Plaintiff.” Therefore, if the Plaintiff’s property right was infringed due to other person’s tort, it shall be deemed that her mental suffering has been recovered from compensation for property damage, and if there was any mental damage that could not be recovered from compensation for property damage, this may claim consolation money for the damages only where the perpetrator knew or could have known such circumstances due to special circumstances (see, e.g., Supreme Court en banc Decision 2005Da1384, Dec. 37, 20194). 207.

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