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(영문) 울산지방법원 2018.11.28 2016가단57474
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The plaintiff's assertion is as follows.

In other words, the Defendant, who was divorced, demanded that the Plaintiff, who was raising the married child, have the Plaintiff to disburse the total of KRW 15,420,728 (i) the sum of the expenses, such as the cost of purchasing clothes and the cost of supplying liquor during the teaching period from March 27, 2015 to January 31, 2016, and (ii) the new card: 8,759,039,039, and iii) the sum of the expenses from March 28, 2015 to January 30, 2016, from April 20, 2015 to March 13, 2016.

In addition, when the Defendant came to know of the Plaintiff’s pregnancy by establishing several sexual intercourses with the Plaintiff, the Defendant forced abortion, and 5 during the teaching period, including the Plaintiff’s timbering or pushing ahead with the Plaintiff, etc. (hereinafter “injury”) as well as 6 criminal complaint against the Plaintiff as a crime of injury, and distributed sexually related dynamic images and the Plaintiff’s body pictures, and 7 tort such as indecent act by force, etc.

Since the above defendant's tort suffered serious mental pain, the defendant is obligated to do so in money.

The consolation money shall be paid in KRW 15 million.

On the other hand, since the money 15,420,728 won paid by the Plaintiff as above was loaned to the Defendant, it was claimed that the Plaintiff either sought a repayment of the “loan”, or that the Plaintiff paid several expenses on the premise of marriage with the Defendant, which was ultimately attributable to the Defendant, who was the father and the Defendant, as a condition for rescission of marriage, and that the Defendant had no intention to marry from the beginning. Thus, the Plaintiff should return the above amount to the Plaintiff insofar as the conditions were not fulfilled

However, the plaintiff's above assertion is rejected for the following reasons.

First, we examine the Plaintiff’s assertion of “loan”.

The plaintiff lent money to the defendant.

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