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(영문) 수원지방법원 2017.09.12 2016가단542320

손해배상(기)

Text

1. The Defendant’s KRW 35,00,000 and the Plaintiff’s annual rate of KRW 5% from December 1, 2016 to September 12, 2017.

Reasons

1. Basic facts

A. On February 18, 199, the Plaintiff and two children were legally married couple who completed the marriage report on February 18, 199.

B. From around October 2008 to October 2013, the Plaintiff was paid with his children in China and Singapore due to the education problems of his children, and during the same period C was able to stay in the Republic of Korea, and the Plaintiff was paid away.

C. On April 11, 2015, C has been paying KRW 662,80,00 to Gmarket B, and it has been paying KRW 458,655 from abroad on April 19 of the same month.

However, from April 18, 2015, the defendant

4. up to 23. There was a fact that kylkinus, a resort site, was d.

C There is a fact that the right to shuttle from Incheon-Coaki, starting from November 13, 2015, was deposited in the name of C and the defendant.

E. C has shown out that the right to return from the Seoul-Daar Civil Aviation starting on December 25, 2015 was deposited in the name of C and the Defendant.

F. C has received money from April 7, 201 to April 2016 from Defendant’s account in the name of the Defendant to KRW 30,000,000.

C and the Defendant made an average of 87 telephone conversations between July 1, 2016 and September 30, 2016.

[Reasons for Recognition] Facts without dispute, entries in Gap evidence 1 through 9, 13 (including branch numbers in case of additional numbers) and the purport of the whole pleadings

2. Determination

A. The plaintiff's claim of this case is based on the premise that the defendant committed a fraudulent act with C, and thus, it is judged as to whether there was a fraudulent act between the defendant and C.

Illegal act includes any act that is not faithful to the duty of good faith as a spouse, and whether it is an illegal act as a broad concept rather than a so-called cross-section shall be evaluated in consideration of the degree and situation according to each specific case.

(See Supreme Court Decision 92Meu68 delivered on November 10, 1992). The facts acknowledged earlier and the following circumstances acknowledged by the evidence cited earlier, namely, the Defendant and C, known to the public.