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(영문) 부산가정법원 2019.2.13.선고 2018드단209542 판결

손해배상(사실혼파기)

Cases

2018dern209542 Compensation ( de facto marriage reversal)

Plaintiff

A person shall be appointed.

Defendant

1. B

2. Sick:

Conclusion of Pleadings

January 23, 2019

Imposition of Judgment

February 13, 2019

Text

1. The plaintiff's claims against the defendants are all dismissed.

2. The costs of lawsuit shall be borne by each person.

Purport of claim

The defendants jointly pay to the plaintiff 30 million won with 15% interest per annum from the next day of the delivery of the complaint of this case to the day of full payment.

Reasons

1. Facts of recognition;

A. The Plaintiff et al., as the children of the Defendants, and the Plaintiff took a training from around May 2016. On September 2016, 2016, the Plaintiff was pregnant with the Plaintiff, but was under abortion surgery, and was in association with the Plaintiff.

B. On December 2016, the Plaintiff reconvened with the Defendant, and notified the Defendant of pregnancy on April 2017. From May 2017, 2017, the Plaintiff and the Defendant were living together with the Defendant in the Chungcheongnamcheon.

C. The Defendants, both at the work site and static, concluded that they would be better to gather money with a mental borrowedness, and that they would have an objection to the Plaintiff and workers. The Defendants expressed to the Plaintiff and the Defendants that they will abortion twice a week or once a week during a month.

D. Around the fourth month of pregnancy, the Plaintiff was in the place of her home, which was at the end of June, 2017, and went through a abortion surgery. Around that time, the Plaintiff had been in the place of her home with no economic capacity and was in the Plaintiff’s travel together with the Plaintiff. During the Plaintiff’s travel, the Plaintiff left the her home while traveling.

E. The Plaintiff caused the following: (a) the 2th abortion surgery and the climatic disorder; (b) the climatic disorder due to stress; (c) the climatic disorder; and (d) the climatic climatic disorder.

F. The first suicide was committed on July 2018 through August 2018.

[Ground of recognition] Gap evidence 1 to Gap evidence 4, Gap evidence 6 to Gap evidence 12, Eul evidence 1, Eul evidence 2, and the whole purport of oral argument

2. Assertion and determination

A. The plaintiff's assertion

The Plaintiff’s continued abortion is difficult to refuse the demand of the Defendants living together with the Plaintiff, and the Defendant is obliged to pay consolation money to the Plaintiff for de facto marriage, as the Plaintiff is obliged to pay to the Plaintiff consolation money for de facto marriage, since it is difficult for the Plaintiff to refuse the demand of the Defendants to continue abortion, and there is no ability to independence in light of the background. However, after the abortion operation, the Plaintiff left the Plaintiff without responsibility, and the relationship between the Plaintiff and the justice was broken down. The Defendants are obliged to pay consolation money to the Plaintiff for de facto marriage after the abortion operation.

B. Determination

In light of the facts acknowledged earlier and the Plaintiff’s assertion, it is recognized that the Defendants discussed that the Plaintiff and the Defendants were to undergo abortion multiple times. However, the life period is two months with the Plaintiff and the Defendants, and during that period, the Defendants only caused abortion more than twice a month or a week, and the Plaintiff and the Plaintiff were adults of 30 years old at the time of making a decision on abortion, and the Plaintiff and the Plaintiff decided to conduct abortion in consideration of economic circumstances that are not independent of the Defendants, etc., the Plaintiff’s choice and decision are not deemed to have undergone abortion surgery by force, and it is not recognized that the Defendants were to undergo abortion surgery by force. Moreover, the facts acknowledged earlier do not necessarily lead to the Plaintiff’s failure on the grounds that the Defendants were unable to undergo abortion or to seek payment from the Plaintiff in de facto marriage. Therefore, there is no evidence supporting the Defendants’ failure in a de facto marriage.

3. Conclusion

The plaintiff's claim against the defendants is dismissed on the ground that all of the claims are without merit.

Judges

Judges Yoon Jae-nam