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(영문) 수원지방법원평택지원 2019.08.14 2018가단62667
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The plaintiff is a legal couple who reported the marriage with C on May 22, 1984.

B. On April 19, 2017, the Plaintiff filed a lawsuit against the Defendant for mental damage compensation on the ground of an unlawful act between C and the Defendant (hereinafter “previous case”).

On July 4, 2017, the above court rendered a decision in lieu of the mediation of the content that the defendant pays KRW 15 million to the plaintiff, and the above decision was finalized on July 20, 2017 because both parties do not raise any objection.

C. On July 11, 2018, the Defendant’s spouse D filed a lawsuit for mental damage compensation against C on the ground of an unlawful act between C and the Defendant as Seoul Eastern District Court 2018Kadan12404.

On April 30, 2019, the above court decided to recommend reconciliation that C pay 15 million won and damages for delay to D, and the above decision became final and conclusive on May 16, 2019 on the grounds that both parties do not raise any objection.

【Ground of recognition】 The fact that there has been no dispute, Gap evidence 1, Eul evidence 9, the purport of the whole pleadings

2. The plaintiff's assertion and judgment that the plaintiff continued fraudulent acts even after the decision substituting the conciliation of the previous case was made, and the defendant is obligated to pay consolation money to the plaintiff accordingly.

However, the materials submitted by the Plaintiff alone are insufficient to recognize that the act of misconduct continues even after compulsory mediation of the previous case between C and the Defendant, and there is no other evidence to acknowledge it.

3. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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