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(영문) 광주지방법원 2016.07.08 2016가단10082

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 5,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from March 30, 2016 to July 8, 2016.

Reasons

1. Basic facts

A. The Plaintiff was a legally married couple who completed the marriage report on March 15, 2006 with Nonparty C. However, on October 14, 2015 from the Gwangju Family Court (2013Ddan12182), the Plaintiff was sentenced to a judgment of divorce on the ground that “In addition to the circumstances such as the fact that Nonparty C is recognized to have committed several fraudulent acts by entering into a sex relationship under the agreement with the Defendant during the marriage period, and the Plaintiff is seeking divorce, the Plaintiff constitutes a cause for judicial divorce,” and the compulsory conciliation was established at the appellate court and divorced.

B. From February 29, 2012 to March 27, 2013, the Defendant was indicted on charges that Nonparty C and Nonparty C, the Plaintiff’s former wife, were sexual intercourse with Nonparty C, and the said judgment became final and conclusive around that time, on the grounds that the Defendant was convicted of concurrent crimes on September 16, 2014 at the Gwangju District Court [2013 Height3948, 6416 (Joint), 2014 Height 1460 (Joint)], and was sentenced to a suspended sentence of two years for six months. The Defendant was sentenced to a judgment of acquittal in accordance with the Constitutional Court’s decision of unconstitutionality as to concurrent crimes on August 26, 2015 (Seoul District Court 2014No2294).

C. Meanwhile, on July 23, 2015, the Defendant was sentenced to a fine of KRW 3,000,000 by the Gwangju District Court Decision 2015Da1632 (hereinafter “Defendant’s criminal judgment”) due to defamation, and the Defendant appealed with the Gwangju District Court Decision 2015No2019, but was sentenced to dismissal of appeal on February 3, 2016. The Defendant appealed with the Supreme Court but dismissed the Defendant’s appeal.

Criminal facts of the criminal judgment by the defendant are as follows:

On May 9, 2013, when the Defendant was accused of rape C by the wife of the Victim A (Plaintiff) and was investigated by the prosecution, the Defendant accused F, who was the seat of C, in collusion with the wife C, did not want to remove money from the Defendant under the pretext of agreement on the rape case. On August 21, 2013, around 12:00, the Defendant accused F, who was the seat of C, in the “E” restaurant located in Seo-gu, Seo-gu, Gwangju, of “A and C, attempted to remove money,” the Defendant accused the Defendant of sexual indecent act.

A would like to get divorced from overfranc and to live with it.