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(영문) 대전지방법원 2016.06.02 2015나11999

손해배상

Text

1. The plaintiff's appeal is all dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

Basic Facts

On January 2001, the Plaintiff and Defendant B got married to have one child and divorced on January 26, 201.

Defendant B came to know of pregnancy through the pregnancy test on November 30, 201. From December 1, 2011 to December 1, 2011, Defendant B received the training of operating staff at racing, and then visited Defendant C’s members with the Plaintiff on December 3, 2011.

Defendant C conducted the following ultra-wave test, and according to the result of the test, Defendant C was diagnosed to have been pregnant 4 parking, but there were many deaths in the old wombs at the time, as well as the entrance of the old wombs.

Defendant C notified the Plaintiff and Defendant B of the foregoing results, and explained to Defendant B that there is a miscarriage and undergo an abortion surgery.

Defendant B was pregnant with her knowledge of pregnancy and attempted to undergo abortion surgery to the Plaintiff as he was pregnant without want, and the Plaintiff was forced to undergo abortion surgery. The Plaintiff was released from the neighboring bank in cash amounting to KRW 500,000,000 from the cost of abortion surgery by Defendant B.

Defendant B immediately received abortion from Defendant C on the same day.

After that, the Plaintiff filed a complaint against the Defendant B on the charge of his own abortion and the Defendant C’s negligence of occupational acceptance. However, on May 31, 2012, the prosecution received a non-prosecution disposition by the Defendants on the charge of all the Defendants.

[Ground of recognition] A, Gap evidence Nos. 5, Gap evidence Nos. 7, Eul evidence Nos. 1, and the plaintiff's assertion of the purport of the whole pleadings in collusion with the plaintiff, despite the plaintiff's opposition, the defendants committed an illegal abortion of four weeks of a fetus. Accordingly, the marriage between the plaintiff and the defendant B led to the failure of the plaintiff's marriage.

The Plaintiff’s mental suffering is three. The ordinary wages from December 4, 201 to December 1, 2012.