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(영문) 서울남부지방법원 2016.08.10 2016가단10784
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff’s assertion and the Defendant are legal couple, and the Plaintiff acquired real estate (Seoul Yangcheon-gu Seoul Building No. 405) in the name of the Defendant when maintaining a marital life despite the Defendant’s domestic violence.

However, the plaintiff is currently suffering from domestic violence of the defendant and is living separately with the defendant. The defendant violated the duty of living, support, and cooperation of the husband and wife under Article 826 of the Civil Act, and unilaterally acquired the above real estate under the name of the defendant by receiving 130 million won from a third party without any doubt, and brought the above security deposit to the defendant. Thus, the defendant is liable to pay the plaintiff 1/2 of the above security deposit as compensation for damages caused by the tort, which is 65,000,000 won.

2. In light of the above, it is not sufficient to find that the evidence of the plaintiff's submission alone constituted a tort by the defendant, and there is no other evidence to prove it. Thus, the plaintiff's assertion based on this premise is without merit.

3. As such, the plaintiff's claim is dismissed on the ground that it is reasonable.

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