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(영문) 서울중앙지방법원 2018.11.08 2018나15795
손해배상(기)
Text

1. The plaintiff's appeal against the defendants is dismissed in entirety.

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

purport, purport, and.

Reasons

1. The gist of the Plaintiff’s assertion was that the Plaintiff, from February 2013 to June 2017, living together with Defendant B, who is a Chinese visa, established a limited liability company in China so that Defendant B can be employed in Korea upon obtaining a visa from the Republic of Korea, and established and operated its establishment in Korea, and KRW 2,00,000,000 for Defendant B’s visa issuance and maintenance.

In addition, around June 5, 2017, the Plaintiff paid 90,000 won for three-month period and 65,000 won for the remaining 3-month period, and provided a mobile phone in the name of the Plaintiff. Defendant B paid 180,000 won for the telecommunications rate of 2,210,000 won for two-month period, and 612,000 won for the mobile phone devices (=65,000 won x 34 months) and 612,00 won for the mobile phone devices.

However, Defendant B, as seen above, failed to reach a de facto marital relationship by marriage with Defendant C even though it was in a de facto marital relationship with the Plaintiff. Defendant C also accessed Defendant B with Defendant B by knowing that it was in a de facto marital relationship with the Plaintiff, which led to only KRW 24,822,00,000 (=22,000,000 won).

Meanwhile, Defendant C guaranteed Defendant C’s payment of mobile phone usage fees.

1) Accordingly, Defendant B is obligated to pay the Plaintiff damages and consolation money for mental distress incurred by the Plaintiff due to tort by deceiving money from the Plaintiff in the absence of intention to marry with the Plaintiff, and Defendant C is obligated to pay as consolation money for mental distress caused by tort caused by the Plaintiff’s failure in a de facto marital relationship between the Plaintiff and Defendant B, and damages for delay of each of the above amounts. (2) In addition, Defendant C is obligated to pay the Plaintiff the mobile phone mobile phone price and the mobile phone fee of KRW 2,82,000, and damages for delay according to the payment guarantee against Defendant B.

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