logobeta
본 영문본은 리걸엔진의 AI 번역 엔진으로 번역되었습니다. 수정이 필요한 부분이 있는 경우 피드백 부탁드립니다.
텍스트 조절
arrow
arrow
(영문) 서울중앙지방법원 2011.05.20 2010가단90584
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. Basic facts

A. On November 26, 1979, when the Plaintiff was 22 years of age, he married to D with CJ 4 years of temporary stay. Around September 3, 1981, D, who had no particular occupation after marriage, received money from his father and her mother who left the United States. Around 1985, D filed a divorce lawsuit in the United States and withdrawn it, and even after returning to the Republic of Korea on March 28, 1985, D returned to Korea on February 10, 1986. Since 1986, D returned to the United States as well as filed a divorce lawsuit again on February 10, 1986.

B. On March 27, 2001, the Defendant filed a lawsuit on behalf of the Plaintiff against D, E, and F claiming for divorce or consolation money of KRW 50 million, excluding division of property, with Seoul Family Court 2001Dhap3641, and on this day, the Defendant filed a counterclaim with the same content as D, etc. on the same day.

C. On June 8, 2001, the Plaintiff also delegated the U.S. attorney G, and filed a lawsuit against D, such as divorce, with the California L&V court.

On behalf of the Plaintiff, the Defendant: (a) revised the purport of the claim and the cause of the claim on March 20, 2002; (b) added the claim for division of property to one building with five stories and five stories neighborhood living facilities in Songpa-gu Seoul Metropolitan Government H-gu (hereinafter “instant commercial building”); and (c) withdrawn the claim along with the part on E. F.

E. On April 25, 2002, the first instance 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."

F. D’s appeal was filed, and the Plaintiff acquired U.S. citizenship on September 17, 2002, and the U.S. court demanded the Defendant to proceed with the lawsuit in the U.S. court.

G. At the appellate court on February 20, 2003, the plaintiff and D are divorced by the main claim and counterclaim on the date of mediation, and D are the plaintiff.

arrow