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(영문) 서울북부지방법원 2018.08.30 2018나31710

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. C and D are legally married couple who completed the marriage report on May 25, 2010.

B. D filed a lawsuit against C, including divorce, parental authority, and designation of a custodian, with the Seoul Family Court 2014ddan63943, and accordingly, C filed a lawsuit claiming divorce and consolation money with the Seoul Family Court 2015ddan22468 as a counterclaim.

On August 24, 2015, the instant case was referred to the conciliation procedure, and on August 24, 2015, “D and C are divorced. D and C pay D KRW 30 million to D as division of property, and the due date of payment is paid KRW 30 million to D immediately before C transferred the title of a passenger car contract under its name. D and C have concluded conciliation, “The other party shall not file a claim for consolation money and division of property, in addition to the division of property as set forth above, in relation

C. The plaintiff is the mother of C, and the defendant is D.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 4, the purport of the whole pleadings

2. The parties' assertion

A. Under the Plaintiff’s cause of claim, the Defendant is obligated to pay to the Plaintiff KRW 11 million as damages or restitution of unjust enrichment and delay damages.

1) The Defendant, when filing a petition for bankruptcy with her husband’s business division, had the husband transferred money from the Plaintiff, had the Plaintiff had no intent and ability to purchase the tugboats for D, thereby deceiving the Plaintiff, thereby inducing the Plaintiff to purchase the tugboats at a price lower than the department store. The Plaintiff received the said money from the Plaintiff on April 29, 2010. (2) The Plaintiff, upon receipt of a proposal from the Defendant, delegated the Defendant with the Defendant to purchase the tugboats in a manner less than the department store, delegated the Defendant to purchase the tugboats, and remitted KRW 10 million to the advance payment for the delegated affairs.

However, the defendant shall perform the delegated affairs.