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(영문) 수원지방법원 2017.11.21 2017나67117
손해배상(기)
Text

1. The defendant's appeal is dismissed.

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

Purport of claim and appeal

1..

Reasons

1. The reasoning of the judgment of this court citing the judgment of the court of first instance is as follows, except for the judgment that the defendant added to this court, and thus, it is consistent with the reasoning of the judgment of the court of first instance.

(B) According to the evidence evidence No. 10, D filed a claim for damages due to a tort committed by the Defendant against Suwon District Court 2017Ddan501983, which was the Suwon District Court. On May 16, 2017, the above court rendered a decision in lieu of the conciliation that C shall pay the consolation money of KRW 18 million to D until June 30, 2017, and it can be acknowledged that it becomes final and conclusive. The claim for damages of the pertinent case is based on the tort committed by the Defendant and C as in the instant case. However, the above case did not raise an objection to the conciliation, and the amount of consolation money is determined by comprehensively taking into account various circumstances, including the content, degree, and period of misconduct, influence on each husband and wife’s community life, and circumstances revealed in pleadings, and thus, it cannot be deemed that the amount of consolation money to the Plaintiff is more than the amount of consolation money for the pertinent case, and thus, the Defendant’s claim against the Plaintiff cannot be deemed to violate equity.

The judgment of the court of first instance is just in conclusion, and the defendant's appeal is dismissed as it is without merit. It is so decided as per Disposition by the assent of all participating Justices.

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