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(영문) 서울중앙지방법원 2018.08.17 2017가합36258

손해배상(기) 청구의 소

Text

1. The plaintiff's claims against the defendants are all dismissed.

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

Reasons

1. Basic facts

A. On May 18, 1971, the Plaintiff reported marriage with D and the Plaintiff reported divorce on July 23, 2003.

B. Defendant C is registered as born between the father F of the date of family register injury E and the mother G (D’s parents).

(The grounds for recognition). [The defendant C in the Family Register shall be the birth of D] The fact that there is no dispute, the entries in Gap evidence Nos. 1, 5, 11, 24, and 27, and the purport of the whole pleadings.

2. Determination as to the cause of action

가. 원고의 주장 원고는 1970. 12. 26.경 D와 결혼할 당시 피고 B이 D의 삼촌뻘 되는 사람이라고 하여 그렇게 알고 있었는데, 사실 피고 B은 D와 동거하던 사이로 D와의 사이에서 피고 C를 낳았다.

피고 B은 원고의 결혼 전날 D와 하룻밤 같이 보냈고 원고와 D의 결혼식에도 친척인 양 참석하였다.

Around April 5, 1971, when the plaintiff and D returned to D from time to time after marriage, and he became aware of about 3 months after marriage, the plaintiff and D interfered with the marriage life of the plaintiff and D by allowing D to make D the birth of his mother and G (the birth date of the actual G refers to November 28, 199) on the day when the plaintiff's father and father were to exercise the right to life on the day when the plaintiff's father and father were to exercise the right to life (the birth date of the actual G refers to November 28, 199).

Defendant B had D leave frequently, and frequently found the restaurant operated by the Plaintiff and D at the latest night, and interfered with the Plaintiff’s marriage life.

The plaintiff was able to find employment with Defendant C upon D's request, and approximately KRW 30,00,000 of the cost of transportation expense, etc. was borne by the plaintiff, and the defendant C did not pay it to the plaintiff at all even though it was agreed that it would pay it to the plaintiff.

Defendant C was married on May 16, 1998 without knowledge of the Plaintiff, and at the time of marriage, Defendant C and D were present.

The aforementioned deception by the Defendants led to the Plaintiff’s attempt to commit suicide at the beginning of 1980, frequent disputes with D, and suffering from mental illness, such as depression.