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(영문) 청주지방법원충주지원 2016.11.24 2016가단2638
손해배상(기)
Text

1. Defendant C: (a) 15,00,000 won to Plaintiff A; (b) 1,000,000 won to Plaintiff B; and (c) 1,00,000 won to each of the above money, from April 7, 2015 to April 2016.

Reasons

1. Basic facts

A. On February 2015, Plaintiff A was pregnant with Defendant C’s son, and Defendant C demanded Plaintiff A to abortion on the following grounds: (a) on or around March 3, 2015, when Plaintiff C came to know of the Plaintiff’s pregnancy, Defendant C continued to create her child by not later than April 7, 2015; (b) on or before Plaintiff A’s birth, Plaintiff A would only grow if her body gets out of her body; and (c) Plaintiff A would not provide any economic support for childcare when she gets out of her body; and (d) Defendant C would provide money on behalf of her.”

B. On April 7, 2015, Defendant C, along with the Plaintiff, found Defendant D’s “Ftetrician” operated by Defendant D, conducted the operation as the Plaintiff’s mother, signed the written consent of the operation, and had the Plaintiff A undergo a abortion operation. Defendant D performed the operation that discharges a pregnant 10-born fetus out of the Plaintiff’s body using the inhaler in the operation room, and caused the Defendant A to abortion.

C. The plaintiff B is the father of the plaintiff A.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 6 (including each number in case of additional number), Eul evidence 1 and 2, the purport of the whole pleadings

2. Determination

A. According to the facts acknowledged prior to the determination as to the claim against Defendant C, Defendant C pressured the Plaintiff by demanding for abortion continuously against the Plaintiff, and caused the Plaintiff to commit an illegal act prohibited by law. Accordingly, it is clear that the Plaintiff A suffered mental damage by abortion that the Plaintiff did not want, and that the Plaintiff B, the father of the Plaintiff A, also suffered mental damage. Thus, Defendant C is liable to compensate the Plaintiffs for such damage.

On the other hand, all the circumstances revealed in the data submitted in this case concerning the amount of damages, i.e., Plaintiff A's abortion.

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