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(영문) 부산고등법원 2015.07.16 2014나52674

손해배상(기)

Text

1. The Plaintiff (Counterclaim Defendant)’s appeal against the instant principal lawsuit and counterclaim and the instant counterclaim by the Defendant (Counterclaim Plaintiff).

Reasons

1. The reasons why the court should explain this part of the basic facts are as stated in Paragraph 1 of Article 420 of the Civil Procedure Act. Thus, this part of the reasoning of the judgment of the court of first instance is cited as it is by the main text of

2. The plaintiff alleged in the parties' assertion that the plaintiff and the defendant Eul were illegitimate relations, such as the plaintiff and the defendant Eul, after the plaintiff's marriage, they made false statements to the effect that they were sexual intercourses with D, and that the plaintiff and the defendant Eul were liable for compensation for the plaintiff's damage caused by the marriage. Accordingly, the defendants asserted that the plaintiff was liable for compensation for the plaintiff's damage caused by the marriage dissolutions with the defendant Eul even though the plaintiff conspireds with the defendant Eul under the premise of marriages with the defendant Eul, and that the defendants were married with the defendants since they maintained the relationship with the defendant Eul by hiding the facts of marriages even thereafter, and therefore, they suffered mental pain

3. Determination

A. According to the reasoning of the first instance court’s examination as to the claim, the Plaintiff and Defendant B continued to travel with Japan or have a sexual intercourse with the Plaintiff on August 9, 2013, but it is recognized that the Defendants had sexual intercourse with D on June 23, 2013, and that Defendant B had sexual intercourse with D on June 23, 2013. Meanwhile, upon considering the following: (i) the Plaintiff and Defendant B’s parents’ first instance court’s first instance court’s written evidence Nos. 1, 2, 18 through 15, 18 through 20, 23 through 35; and (ii) the Plaintiff continued to contact with the Defendant during the first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s first instance court’s second instance court’s second instance court’s second instance court’s second instance court’s first instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance court’s second instance judgment.