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(영문) 수원지방법원 2019.07.11 2018나87941

손해배상(기)

Text

1. The judgment of the court of first instance is modified as follows.

The defendant shall pay to the plaintiff KRW 500,000 on October 22, 2016.

Reasons

1. Facts of recognition;

A. From April 2016, the Plaintiff and C (the Defendant’s children) were living together from around October 7, 2016, and reported the marriage on October 7, 2016. C refers to the Suwon Family Court, which was opened on December 29, 2016 at the time of Suwon Family Court but was the Suwon District Court at the time of Suwon District Court but was the Suwon Family Court at the time of March 1, 2019, on the ground that the Plaintiff did not properly notify the Plaintiff of the fact that he/she was a child in the former marital relationship and caused the Plaintiff’s declaration of intention to marry.

In 2016ddan512986, the Plaintiff filed a lawsuit of annulment of marriage, etc., and the counterclaim (2017ddan1636) and the separate lawsuit (2017ddan511171) filed by the Plaintiff were consolidated, and on May 14, 2019, the claim for annulment of marriage and partial claim for consolation money was accepted, and the Plaintiff’s counterclaim and the claim for counterclaim such as divorce and consolation money are all dismissed. As of the Plaintiff’s appeal, the lawsuit is pending in the court of Suwon Family Court as the Plaintiff’s appeal is in force under the title of 2019Reuu1676 (main lawsuit), 2019Reu1683 (Counterclaim), 2019Reu1690 (Joint).

B. On July 5, 2018, the Defendant was sentenced to a suspended sentence (a fine of KRW 500,000) on the criminal facts in violation of the Punishment of Violences, etc. Act (joint coercion) as follows by Suwon District Court Decision 2017 High Court Decision 2498, and the facts constituting the crime above.

1. Defendant B (i.e., the instant Defendant), D, and E’s joint criminal conduct C filed a marriage report with the victim F (i.e., the instant Plaintiff) who was a teacher on October 7, 2016, and Defendant D and B are the parents of Defendant C, and Defendant E is C’s friendship.

Defendant

D. D and B heard the horses that “the victim has a married history and I have a son. I have lent KRW 200 million to the victim,” and confirmed the fact that the amount of KRW 168 million was transferred from C’s agricultural bank account to the victim’s account, the Defendants were willing to resist to the victim and request the preparation of a loan certificate.

On October 22, 2016, at around 22:00, the Defendants found at the victim’s house located in Young-gu G in Suwon-si, Suwon-si, and requested the victim to prepare a loan certificate of KRW 200 million which was lent to the victim, but the victim refused to do so. Defendant D is the victim.