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(영문) 수원지방법원 2017.08.10 2017재나20

손해배상(기)

Text

1. The lawsuit of this case shall be dismissed.

2. The costs of retrial shall be borne by the Plaintiff (Counterclaim Defendant, and Plaintiff for retrial).

Reasons

1. Determination of the original judgment

A. The Plaintiff in the first instance judgment filed a claim for damages against the Defendant, as stated in the purport of the claim in the principal lawsuit, with Suwon District Court Decision 2015Da11170, and Defendant B filed a lawsuit for the agreed amount claim as stated in the purport of the counterclaim. The Plaintiff’s claim in the principal lawsuit was all dismissed, and the Defendant’s counterclaim was partially accepted.

B. As to the judgment subject to a retrial, the Plaintiff filed an appeal with Suwon District Court 2015Na44936 (principal lawsuit), 2015Na44929 (Counterclaim), and the Suwon District Court rendered a judgment subject to a retrial that dismissed the Plaintiff’s appeal on August 11, 2016.

C. On December 15, 2016, the Supreme Court rendered a judgment dismissing the Plaintiff’s appeal on the grounds that the Plaintiff filed a final appeal under the Supreme Court Decision 2016Da248677, and 2016Da24884 (Counterclaim), and the judgment subject to final appeal became final and conclusive as it is, by declaring a judgment dismissing the Plaintiff’s appeal on December 15, 2016.

2. The following shall be arranged by referring to the Plaintiff’s petition for retrial and each written brief, amendment, and content of the judgment subject to retrial submitted to this court.

The Plaintiff entered into an international marriage brokerage agreement with the Defendants and paid to the Defendants KRW 11,00,000 (individual contributions separately) when the marriage with a Korean national female of the Philippines dies.

The Plaintiff was introduced by the Defendants as “D” and decided to marry. However, even though D was written as a first divorce on personal information, D had a child of 11 suicide, so the Defendants deceiving the Plaintiff.

In addition, since D left the plaintiff in the state of marriage only with the plaintiff, it cannot be said that D has been married to her sexual intercourse.

3. The plaintiff who has a ground for a retrial shall make a decision on important matters that may affect the judgment under Article 451(1)7 of the Civil Procedure Act (when the false statement by a witness, expert witness, or interpreter, or when the false statement by a party or legal representative based on the party’s examination becomes evidence of the judgment) and 9.