(영문) 부산지방법원 2015.11.20 2015나6613 | 리걸엔진

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(영문) 부산지방법원 2015.11.20 2015나6613

위자료

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1. The plaintiff's appeal against the defendants is dismissed in entirety.

2. The costs of appeal shall be borne by the Plaintiff.

purport, purport, and.

Reasons

1. The plaintiff's assertion

A. The Defendants asserted that the investment agreement with the Plaintiff was rescinded, or that the Plaintiff agreed to return the investment amount without any condition, and filed an application with the Plaintiff for a payment order seeking payment of KRW 200 million to Defendant B and KRW 100 million against the Plaintiff as Busan District Court 2008 tea4804, around November 29, 2008. The Busan District Court 2008Gahap5441, which is the principal case of the above payment order application, deemed the withdrawal of the lawsuit on November 29, 2008.

B. In around 2014, the Defendants filed an application with the Plaintiff for a payment order of KRW 200 million with the Busan District Court Decision 2014 tea12290, which was the same cause of claim, to the Defendants. The Busan District Court Decision 2014Da75819, which was the principal case of the said application for payment order, was concluded as the withdrawal of the Defendants’ lawsuit on December 10, 2014.

C. Meanwhile, the Defendants embezzled KRW 800,000,000,000 received as the refund of value-added tax on the business facilities and neighborhood living facilities of the 11st floor of the relevant ground reinforced concrete building in Gwangju Northern-gu, and filed a lawsuit against F, the Plaintiff’s wife, claiming that the Plaintiff participated in the lawsuit. The court dismissed the Defendants’ claim and the judgment became final and conclusive.

(Case of Return of Undue Benefits by Busan High Court 2013Na6674).

The Defendants, while knowing that they were false, filed an application for a payment order on two occasions without any basis for the purpose of inducing the Plaintiff, and brought a lawsuit. This is a tort committed with the intent of causing pain to the Plaintiff by iceizing the realization of rights or the protection of rights. Since the Defendants’ above procedural acts damage the Plaintiff’s reputation, the Defendants should compensate for mental damage suffered by the Plaintiff.

E. Therefore, the Defendants are obligated to pay each of the damages to the Plaintiff KRW 5 million as part of the damages.

2. Determination.

유사 판례

-대구지방법원서부지원 2016.10.11 2016가합50161

-부산지방법원동부지원 2017.09.27 2017가단211803

-대구지방법원 2015.10.15 2015나303551

-대구지방법원김천지원 2016.10.28 2016가합15054

-부산지방법원동부지원 2015.12.01 2015가단5288