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(영문) 인천지방법원 2019.02.21 2017가단7865
손해배상(기)
Text

1. The defendant shall pay to the plaintiff KRW 7,00,000 as well as 5% per annum from November 16, 2014 to February 21, 2019, and the next day.

Reasons

1. Facts of recognition;

A. The Defendant has been suspected of having committed an unlawful act with C after having taken account of text messages, DNA messages, etc. sent and received by C to the Plaintiff as mobile phone.

On November 16, 2014, the Defendant stated, “Around 14:00, the Defendant did not come to fall short of “F” to E on board a ship in operation, and that “A person who asked for the reasons is in the relationship of denial and inhumanity with the Plaintiff (F).” The Defendant said, “A person is in the relationship of denial and inhumanity with the Plaintiff, and the Plaintiff will also die.”

However, there was no fact that the plaintiff had a badial relationship with C.

B. The Defendant filed a lawsuit of divorce, etc. against C, the Incheon Family Court No. 2014Dhap1054, and sought consolation money on the ground that C, divorce and consolation money, division of property, and the Plaintiff’s wrongful act causing the failure of marriage with respect to the Plaintiff.

On the other hand, C filed a counterclaim against the defendant to seek divorce, division of property, etc. with the same court 2016dhap10534.

On May 19, 2017, the above court rendered a judgment that "the defendant and C shall be divorced by counterclaim. The defendant shall pay consolation money of KRW 15 million to C as consolation money and delay damages therefor." However, the Seoul High Court Decision 2017Reu21787 Decided January 16, 2018, which is the appellate court, shall revoke the part of the claim for divorce in the judgment of the first instance. The defendant and C shall be divorced by the main lawsuit and counterclaim. The part of the counterclaim damages claim in the judgment of the first instance shall be revoked, and the counterclaim damages claim in the revoked part shall be dismissed. The counterclaim damages claim in the judgment of the first instance shall be revoked, and all appeals in the judgment of the first instance against the defendant regarding the counterclaim damages claim in the main lawsuit and the counterclaim damages claim in the counterclaim shall be dismissed." The above judgment of the appellate court became final and conclusive through the judgment of the first instance (Article 2018Meu1836, May 11, 2018)."

C. The defendant is the Incheon District Court Decision 2018Da1245 decided Dec. 21, 2018.

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