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(영문) 청주지방법원충주지원 2015.08.05 2014가단7677

손해배상(기)

Text

1. The Defendant’s KRW 27.5 million with respect to the Plaintiff, and 5% per annum from September 6, 2012 to November 11, 2014, and the next day.

Reasons

1. The facts under the findings of fact may be recognized in addition to the whole purport of the pleadings in each entry of Gap evidence Nos. 1 to 7.

On April 1, 2012, the Defendant directed the Plaintiff on the fact that the former husband and the Plaintiff were sexual intercourse with the former husband, and said, “When the husband became aware of this fact, the Plaintiff would be divorced, and the husband will be inferred to China, and the Plaintiff would pay money in order to settle the dispute.”

As such, the Defendant saw the Plaintiff, and received KRW 16 million on the same day from the Plaintiff, which saw the Plaintiff to drink.

B. On April 2, 2012, the Defendant, stating to the Plaintiff, “The Defendant shall not frighten the fish, and to resolve the dispute, she shall have a total of KRW 10 million with a higher amount of KRW 10 million.”

As such, the Defendant saw the Plaintiff, and received KRW 10 million from the Plaintiff who frightened the Plaintiff.

C. On September 6, 2012, the Defendant told the Plaintiff that “I would know all her husband if I would know about it, because I would have no living cost.”

As can be seen, the Defendant recruited the Plaintiff and received KRW 500,000 from the Plaintiff for KRW 1 million in cash and KRW 500,000,000 of the market value owned by the Plaintiff.

As above, the Defendant was convicted of two years of suspended sentence for ten months of imprisonment (Seoul Eastern District Court 2014Da1333), and the above judgment became final and conclusive.

2. Determination

A. (1) As to the cause of the claim, the defendant denied the above fact-finding, and only received consolation money which the plaintiff promised to pay to the plaintiff to the joint husband with the plaintiff's former husband, and the amount is nothing more than KRW 15.5 million. However, each of the statements in the evidence Nos. 1, 2, and 3 is insufficient to reverse the above fact-finding and there is no other counter-proof.

(2) Therefore, the Defendant’s claim on September 6, 2012 against the Plaintiff for damages arising from a tort and the amount of KRW 27.5 million as the Plaintiff seeks.