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(영문) 서울남부지방법원 2020.06.04 2020가단206148
손해배상(기)
Text

1. All claims filed by the plaintiff (appointed party) and the designated parties are dismissed.

2. The costs of lawsuit are assessed against the Plaintiff (Appointed Party).

Reasons

1. Presumed factual basis

A. The Appointor D married F on October 25, 1978 with F and left the Appointor E and the Plaintiff (Appointed Party) as his child.

(hereinafter referred to as the “Plaintiffs” for the following reasons: D, E, and Plaintiff (Appointed Party)

The F died on March 29, 2017.

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

2. The plaintiffs' assertion and determination plaintiffs asserted that they had a relationship with the deceased from around 1999 to the time of the deceased's death, and sought consolation money.

However, it is difficult to believe the statement of Gap evidence Nos. 3 through 5 as it is, and the statement of No. 6-1 and No. 2 alone is insufficient to recognize the above assertion, and there is no other evidence to acknowledge it, so the above assertion by the plaintiffs is without merit.

Furthermore, even if the Defendant was in in a bad relationship with the deceased, the Defendant cannot be held liable for tort against the deceased’s children.

(See Supreme Court Decision 2004Da1899 delivered on May 13, 2005, etc.). 3. The plaintiffs' claims are dismissed as they are without merit. It is so decided as per Disposition.

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