logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 수원지방법원 2020.12.24 2020가단19094
손해배상(기)
Text

1. The defendant's KRW 23,930,00 for the plaintiff and 5% per annum from October 30, 2020 to December 24, 2020 for the plaintiff.

Reasons

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

2. Applicable provisions of Acts: Article 208 (3) 1 and Article 257 of the Civil Procedure Act;

3. Part of dismissal (the part exceeding the property damage out of the plaintiff's claim amount shall be deemed to be the consolation money claim amount) generally, in case where the property right is infringed due to other person's illegal act, etc., mental suffering shall also be deemed to have been restored by compensation for such property damage. Thus, in case where there was an irrecoverable mental damage due to compensation for property damage, which is a loss due to special circumstances, and where the perpetrator knew or could have known such circumstance, it may claim consolation money for such damage.

(see, e.g., Supreme Court en banc Decision 2001Da82507, Mar. 18, 2004). In light of the following, the evidence submitted by the Plaintiff alone, which led to the occurrence of irrecoverable mental damage to the Plaintiff due to its property damage.

The plaintiff's claim for this part is not accepted because it is not sufficient to acknowledge that the defendant knew or could have known such circumstances, and there is no other evidence to acknowledge it.

arrow