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(영문) 서울중앙지방법원 2019.08.28 2017나35341

손해배상(기)

Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. Basic facts

A. On March 2014, the Plaintiff came to know of the Defendant who works as a guest in an entertainment drinking club with the trade name “C”, and thereafter became frequently present in the said entertainment drinking club in order to view the Defendant. As a result, the Plaintiff joined the said entertainment drinking club from October 2014 to October 10, 2016, with the development of the relationship with the Defendant.

B. From October 6, 2014 to September 30, 2016, the Plaintiff transferred the sum of KRW 146,00,000 to the Defendant as living expenses, etc. for a period of two years, which had maintained the relationship with the Defendant.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, 5, Eul evidence 2, 4, and 7 (including numbers; hereinafter the same shall apply)

2. 원고의 주장 피고는 원고를 사랑하지 않았고 원고와 결혼할 의사도 없었음에도, ‘원고같은 사람과 결혼해서 살면 행복할 것 같다. 자기는 정상적으로 살면서 아무도 안 만나고 원고만 만나고 싶다’라고 말하고 전화나 문자메시지 등을 통하여 원고를 사랑한다는 취지로 애정을 표현하면서 술집을 그만두고 원고와만 사귈 것처럼 원고를 기망하였고, 이에 속은 원고로부터 생활비 등 명목으로 합계 146,000,000원을 교부받아 이를 편취하였으므로, 피고는 원고에게 불법행위로 인한 손해배상금으로 146,000,000원을 지급할 의무가 있다.

3. In light of the facts acknowledged prior to the judgment, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, 4 through 9, and the following circumstances, which can be seen by comprehensively taking account of the overall purport of arguments as to the defendant's personal examination result of this court, it is insufficient to recognize that the plaintiff's personal examination result of this court is difficult to believe, and that the entries of Gap evidence Nos. 2 through 4, and 7 through 10 are sufficient to recognize that the defendant acquired money by deceiving the plaintiff, and it is different.