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(영문) 수원지방법원 2017.05.26 2016나16143
손해배상
Text

1. The plaintiff's claim that the court changed in exchange is dismissed.

2. The Plaintiff’s total costs of litigation.

Reasons

1. Facts of recognition;

A. On November 7, 1994, the Defendant reported the marriage with C on November 7, 1994, produced D-Large E, and generated F-son G.

B. The plaintiff is the father of C.

C. On June 29, 2010, the Plaintiff sold the land of Pyeongtaek-si owned and delivered KRW 474 million out of the purchase price of KRW 474 million (hereinafter “instant money”) to the Defendant.

As of October 1, 2010, the Defendant received this, and entered into a pension insurance contract (hereinafter referred to as “pension insurance contract”) with the life-long of Korea as of October 1, 2059, with the subscription amount of KRW 20 million as of October 1, 201, the insured E, the beneficiary of insurance money, the Defendant, and the date of commencement of the pension as of October 1, 2059. On May 31, 201, the Defendant entered into a pension insurance contract (hereinafter referred to as “pension insurance”) with Korea as of May 31, 201, with the subscription amount of KRW 20 million as of May 31, 201, the insured G, the beneficiary of insurance money, the Defendant, and the date of commencement of the pension.

On November 26, 2012, the Defendant terminated the first pension insurance contract and sought insurance money of KRW 19,760,465, and used it for the purpose of living expenses, such as G’s private teaching institute expenses, electricity, gas charges, etc., restaurant operating expenses, city parents’ living expenses, insurance premiums, G and E, etc.

E. In addition, on January 30, 2013, the Defendant obtained a loan of KRW 8,310,00 from the 2nd pension insurance contract, and used KRW 8,310,00 for the purpose of parents’ living expenses, E’s tuition fees, G and E’s installment savings, insurance premium payments, G’s school meal expenses, extracurricular expenses, etc.

F. The Defendant decided to divorce with C, and submitted a written confirmation of divorce to the Family Court on June 3, 2014. Around July 11, 2014, the Defendant her house was frighted by assaulting C, and her house was friendly.

G. On July 23, 2014, the Defendant terminated an insurance contract that became insured G and claimed KRW 10,880,483 from which the loan was deducted, and used it for the purpose of paying credit card payments, paying insurance premium, etc.

H. C. On December 31, 2014, divorce and consolation money (10 million won) and division of property against the Defendant (the instant money delivered to the Defendant by the Plaintiff).

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