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(영문) 서울동부지방법원 2017.08.23 2016가단145724
구상금
Text

1. The Defendant’s KRW 18,310,273 as well as the Plaintiff’s annual rate from December 17, 2016 to August 23, 2017, and the following.

Reasons

1. Relevant litigation and reimbursement by the plaintiff;

A. From June 2005, the Plaintiff gave birth to E, a child of D, who is the husband of C, who is the husband of C.

B. The Plaintiff and the Defendant continued to meet with South Korea, and even have sexual intercourses with them.

C. C filed a claim for damages (Seoul High Court 2016Na202333, Oct. 7, 2016, 2016) by asserting that the Plaintiff suffered emotional distress by infringing the couple’s communal life of the Plaintiff, and that the appellate court (Seoul High Court 2016Na202333), which ordered the Plaintiff to pay C 30 million won with 5% per annum from October 8, 2013 to March 31, 2016, and 15% per annum from the next day to the date of complete payment.

The above judgment became final and conclusive. D.

The Plaintiff repaid C the principal amount of KRW 30 million and delay damages of KRW 6,620,547 according to the above judgment.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1, 2, and 3, the purport of the whole pleadings

2. The assertion;

A. The defendant is fully responsible for all of the above circumstances of the plaintiff.

B. It is unreasonable to transfer the amount of consolation money to the defendant even though the plaintiff with the internal share of the defendant is liable to pay consolation money that does not meet his responsibility.

3. Determination

A. In relation to the joint tortfeasor, the joint tortfeasor is not liable to the creditor, but a certain portion of the joint tortfeasor's liability is provided in the internal relationship, and when one of the joint tortfeasor has paid one or more of his/her own liability to obtain joint immunity, the other joint tortfeasor may exercise his/her right to reimbursement in proportion to the portion of the liability.

B. According to the above facts of recognition, the plaintiff and the defendant jointly and severally liable in relation to C shall be the joint tortfeasor, and there is evidence that they bear the burden in relation to their internal relations.

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