2015Dhap62 Damages

KimA (************ 2***********)))

Busan Address

Standard place of registration

Attorney Lee Do-young

KimB (**************************))

Busan Address

July 16, 2015

September 24, 2015

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit are assessed against the Plaintiff.

The defendant shall pay to the plaintiff 50,00,000 won with 20% interest per annum from the day following the delivery of a copy of the complaint of this case to the day of complete payment.

1. Facts of recognition;

A. The Plaintiff and KimCC are married couple who completed the marriage report on October 4, 2013, and the Defendant is the father of KimCC.

B. On September 12, 2014, the Plaintiff filed a lawsuit seeking divorce, etc. against KimCC (this Court 2014Dhap1426).

[Grounds for Recognition] Each entry of Gap evidence 1 to 3 (including each number), and the purport of the whole pleading

2. Judgment on the plaintiff's claim

A. The plaintiff's assertion

The KimCC concealed the fact that the Plaintiff had a child between the divorce’s career and the former wife, and continued to make a false statement on his occupation and current educational background, etc., and concealed the record of the crime. The Defendant, with knowledge of such fact, did not inform the Plaintiff of the fact, thereby allowing the Plaintiff to marry, thereby causing the failure of the marital life between the Plaintiff and the KimCC, and thus, the Plaintiff is obliged to pay KRW 50,000,000 as consolation money to the Plaintiff.

B. Determination

However, it is difficult to view that the Defendant had no intention to inform the Plaintiff of the occupation, experience, economic situation, academic background, etc. of the KimCC, as well as the written evidence No. 19-2, No. 20, and No. 21, and No. 22-1 through No. 5, respectively, are sufficient to recognize that the Defendant was aware of the said deception and actively participated in this case, or that the Defendant did not inform the Plaintiff of the economic situation, academic background, and criminal history of KimCC before marriage, and the fact of divorce, etc., of the fact that it is not sufficient to recognize that the relationship between the Plaintiff and KimCC was broken down. Accordingly, the Plaintiff’s above assertion is without merit.

3. Conclusion

Therefore, the plaintiff's claim of this case is dismissed as it is without merit, and it is so decided as per Disposition.

Judges Do-constition

Judges Kim Jin-jin

Judges Park Jong-hee