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(영문) 대구지방법원 2020.01.15 2019나301744

손해배상(기)

Text

1. Revocation of the first instance judgment.

2. The plaintiff's claim is dismissed.

3. All costs of the lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a father of the deceased C (hereinafter “the deceased”), and the Defendant is a spouse who married on December 16, 2017 with the deceased.

B. D, the omission of the deceased, transferred KRW 20 million to the Agricultural Cooperative Account in the name of the Deceased on August 31, 2017.

C. Around March 10, 2018, the Deceased and the Defendant visited the Plaintiff’s house located at port at port and in the event that he visited the Plaintiff’s house at port, he was in dispute before the house, and the Defendant did so. As a result, the Deceased was locked on the bridge.

Although there was a dispute over the deceased and the defendant several times until March 7, 2018 before the above day, they continued to have a marital relationship while making a continuous conversation, but they did not use each room and make a mutual conversation thereafter.

E. On March 23, 2018, at the Defendant’s house located in building F of the Daegu-gu building E, Daegu-gu around 23:53, the Defendant: (a) committed assault, such as taking the deceased’s timber by hand, taking away the deceased’s neck, and taking the deceased’s neck, on the ground that all the television the deceased viewed by the Defendant lost; and (b) by hand, he did so.

(hereinafter referred to as “the instant assault.” The Deceased assaulted the Defendant as a hand-to-saw corresponding thereto, such as the wheels.

F. After the instant assault, the Defendant sent a separate message from the Deceased at home, and on March 25, 2018, the Deceased sent a message to the Defendant to talk about and arrange the divorce and gathering between the Deceased and the Defendant on March 25, 2018. On the same day, around 3:46 p.m., the Defendant sent a message to request the Defendant to scam while entering the Defendant’s house on the same day.

G. The Deceased committed suicide on March 26, 2018, and the Deceased on May 23, 2018.

A disposition was made to the effect that he was not entitled to prosecution against assault by the deceased.

H. On June 15, 2018, the Defendant received a summary order of KRW 2 million with respect to the instant assault, and the said summary order became final and conclusive on July 19, 2018.

(F) The Daegu District Court 2018 High Court 2018. [Reasons for Recognition] / [A] A, 2, 4, 9, 8, 14, 15, 16, which is significant to this court.