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1. The part against the plaintiff corresponding to the money ordered to be paid under the judgment of the court of first instance shall be revoked.
The defendant.
Reasons
1. According to the records of the court of first instance, the plaintiff filed a joint claim against the defendant for damages of KRW 50 million and damages of KRW 50 million in property at the court of first instance, but all of the above claims were dismissed, and the plaintiff's appeal was dismissed in the appellate court prior to the reversal and transmission. However, in the appellate court prior to the reversal and transmission, the court of final appeal reversed the above appellate court's judgment by recognizing the defendant's mandatory violation of the duty of good-faith. The plaintiff's claim for damages of the above property was withdrawn and the claim for consolation money was extended to KRW 50 million after the reversal and transmission. Thus, the court of final appeal shall judge only the above extended claim for consolation money.
2. Facts of recognition;
A. On March 27, 2001, the Defendant, on behalf of the Plaintiff, filed a lawsuit against D claiming for divorce and consolation money of KRW 50 million with the Seoul Family Court 2001Dhap3641, excluding division of property, on behalf of the Plaintiff. Accordingly, D filed a counterclaim claiming divorce and consolation money of KRW 50 million.
B. Meanwhile, in addition to the above case, the Plaintiff delegated the U.S. attorney G, and filed a lawsuit against D on June 8, 2001, such as divorce, with the California L&C court of California.
C. On April 25, 2002, the Seoul Family Court rendered a judgment that "the plaintiff and D are divorced by the principal lawsuit, and D pays 30 million won as consolation money to the plaintiff. The remaining principal claim and D's counterclaim are dismissed, respectively."
On September 17, 2002, the plaintiff appealed against the above Seoul Family Court's decision, and the plaintiff acquired the U.S. citizen's right on September 17, 2002 and demanded the U.S. court to proceed with a lawsuit in Korea.
E. On February 20, 2003, the Seoul High Court, the appellate court, divorced with the Plaintiff by means of the main claim and counterclaim on February 20, 2003, and paid to the Plaintiff KRW 30 million as consolation money until March 31, 2003, and with respect to the instant divorce.