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(영문) 서울중앙지방법원 2015.08.12 2014가단250575
손해배상(기)
Text

1. The Defendants jointly pay KRW 30,000,000 to the Plaintiff and the interest rate thereon from March 3, 2015 to the day of full payment.

Reasons

1. Basic facts

A. The Plaintiff and Defendant B are legally married couple who completed the marriage report on February 3, 1995, and have two children, such as D and E, under the sleep.

B. On April 2003, Defendant B transferred the company's personnel order to Gu-U.S. from Seoul to Gu-U.S., Defendant B moved to Daegu-gu, a company's main office, and the Plaintiff and Defendant B lived with the main office.

C. Around August 2005, Defendant B demanded a divorce first to the Plaintiff, and from around December of the same year, Defendant B did not find his house in Seoul at the weekend, and sent the e-mail demanding the divorce to the Plaintiff several times.

The Plaintiff complained of the foregoing refusal of the Defendant B’s request for divorce, thereby returning to the home. However, the Defendant B unilaterally reduced the child support and living expenses of two children that were remitted to the Plaintiff each month around September 2009, and the remittance was suspended from around January 2010.

E. Around September 2011, Defendant B, as Seoul Family Court Decision 2011ddan82042, filed a divorce, consolation money, and a claim for division of property against the Plaintiff, asserting that the Plaintiff’s marriage between the Plaintiff and Defendant B had already been extinguished.

On June 2012, the Plaintiff filed a counterclaim against Defendant B by the same court (2012ddan50714) and sought payment of the past and future childcare expenses on the premise that the Plaintiff continued the marriage.

F. In the above lawsuit, the Plaintiff abandoned the Defendant B.

or unfair treatment; or

The divorce, consolation money, and property division claim of Defendant B were dismissed on the ground that there was no evidence that the marital relationship between the Plaintiff and Defendant B had already been broken down, and the Plaintiff’s claim for child support was partly accepted.

G. Defendant B appealed against this, but the Seoul Family Court was dismissed as 2012Reu2867 and 2874, and Defendant B appealed.

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