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(영문) 서울고등법원 2015.12.24 2015나2034138
손해배상(기)
Text

1. The plaintiff's appeal is all dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

1. The reasons why the court should explain this part of the plaintiff's argument are as stated in the "1. plaintiff's argument" of the judgment of the court of first instance. Thus, this part shall be cited in accordance with Article 420 of the Civil Procedure Act.

2. Determination

A. As long as the Plaintiff and Defendant B did not reach a matrimonial or de facto marital relationship even though they were to associate with the Plaintiff on the premise of marriage, it is possible to suspend the teaching system by changing their spirit in the middle, which may sufficiently occur in the relationship between men and women under the teaching system. As such, even if the Defendants unilaterally declared a marriage after the check and the reasons for it are difficult to understand as the Plaintiff, it is difficult to readily conclude that tort constitutes tort.

Furthermore, the evidence submitted by the Plaintiff up to the trial is insufficient to recognize that Defendant B entered into a sexual intercourse with the Plaintiff and forced the Plaintiff to enter into a sexual intercourse each day against the Plaintiff’s will, Defendant C caused the Plaintiff to leave the workplace against the Plaintiff’s will, and that the Defendants unilaterally entered a marriage ceremony and a marriage ceremony without consultation with the Plaintiff, and there is no other evidence to acknowledge it.

B. The plaintiff asserts to the purport that the defendants are jointly and severally liable for damages to the plaintiff as those who infringed upon the plaintiff's right of matrimonial engagement, since the conclusion of matrimonial engagement with the defendant B was reversed unfairly.

According to the overall purport of the pleadings, among the Plaintiff and Defendant B’s alliance, there was a provisional arrangement for the marriage ceremony run by Defendant C, and the circumstances where both the Plaintiff and Defendant B were the parents of the case. However, even according to the Plaintiff’s assertion, Defendant C is deemed to have no marriage after the above conference.

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