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(영문) 창원지방법원통영지원 2015.07.21 2015가단2293

위자료

Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Summary of the cause of the plaintiff's claim

A. The Defendant, as the Plaintiff’s Republic of Korea, filed a divorce lawsuit against the Plaintiff’s son as the head of Changwon District Court Branch 2014ddan1782, which was the cause of the claim, and there is no falsity or ground for unjust treatment of the Plaintiff, etc., which was considered as the cause of the claim. The Plaintiff’s counterclaim filed against the Defendant as the head of Changwon District Court 2014ddan3726, which was not false or grounds for the Defendant’s answer against the Defendant. As such, all of the Defendant’s lawsuits and responses are unfair, and the Plaintiff suffered mental damage due to the Defendant’s unfair litigation.

B. On September 1973, 1973, the plaintiff and her husband D donated or succeeded to the property of son, and the defendant, based on the above property, owned the third floor restaurant building E (hereinafter "the building of this case"), and the plaintiff was operating the restaurant for five years. The defendant concealed the profits of the restaurant and did not provide the plaintiff with economic benefits. The plaintiff suffered mental damage due to the defendant's improper management of profits.

C. The Defendant: (a) sent the Plaintiff, a Spanisher, with the sign language that the instant building was registered as owned by himself; and (b) the Plaintiff suffered emotional distress due to unfair treatment of the Defendant.

Therefore, the defendant is obligated to pay the plaintiff the money stated in the claim as consolation money due to the above unlawful act.

2. Determination on the cause of the claim

A. Since the parties to legal disputes regarding claims related to divorce lawsuit seek a final settlement of the dispute against the court is an important issue related to the foundation of the rule of law, the right to be tried should be respected to the maximum extent possible, and in determining whether the action of lawsuit or response constitutes tort, careful consideration should be given so as not to unfairly restrict the use of the trial system.