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(영문) 의정부지방법원 2020.08.25 2019가단118869

손해배상(기)

Text

The plaintiff's claim is dismissed.

Litigation costs shall be borne by the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is the legal couple married with C, and C died on January 10, 2018.

B. 1) The Defendant’s lawsuit seeking the payment of a loan to the Plaintiff against the Plaintiff (Seoul Northern District Court 2018Kadan106545, hereinafter “instant prior suit”) (hereinafter “instant prior suit”).

On November 28, 2019, the Plaintiff filed an action against the Plaintiff. The Plaintiff is the Defendant of the instant case. The Plaintiff, within the scope of the property inherited from the network C, 200,000,000 won, and 85,714,285 won, from March 3, 2018; 114,285,715 won, from December 14, 2018 to May 31, 2019; and 15%, from June 1, 2019 to June 1, 2019, the Plaintiff was sentenced to a set-off against the Defendant’s damage claim between the Defendant and the Defendant, but it is difficult to conclude that the Plaintiff’s appeal against the Plaintiff’s failure to pay damages claim against the Defendant.

[Ground of recognition] Facts without dispute, entry of Eul evidence No. 1 and purport of whole pleadings

2. Determination as to the cause of action

A. The plaintiff's assertion that the defendant committed an unlawful act during several years with his/her legal spouse C and his/her wife, must pay 35,000,000 won as consolation money for his/her mental suffering to the plaintiff.

B. Determination 1) A case where res judicata is recognized in a judgment on a offset claim refers to a case where a passive claim, which is the object of the offset claim, is the subject-matter of a lawsuit, or where it appears to be substantially identical thereto (such as the case where the plaintiff files a lawsuit of objection by asserting a offset, etc.), and where it is necessary to equally treat an automatic claim and its passive claim from the point of view of res judicata.

and the final judgment;