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(영문) 서울동부지방법원 2017.09.01 2015가단22084
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. After completing the marriage report on August 8, 2007, the Plaintiff and C had two females under the sleep, and the Defendant is the mother of C.

B. On November 14, 2012, C filed a lawsuit against the Plaintiff, including divorce and consolation money, with the Jeonju District Court Branch Branch of 2012ddan5090, and on June 24, 2014, the said court rendered a judgment dismissing the Plaintiff’s claim for consolation money to the extent that: “In the event that the marital relationship between the Plaintiff and C has broken down, C caused the failure of the marital relationship with D, due to frequent contact with D and at the latest time, and other wrongful acts, C denies denies only the Plaintiff’s objection while denying it, and seven years have passed since C was not able to take the initiative on the matters to be known to C as the husband and wife, and even if C continued to doubt the substance of the Plaintiff and his wife, thereby impairing the trust between the husband and wife, and that it would not be able to accept the Plaintiff’s claim for consolation money to the extent that it did not have any fault in recovering the marital relationship between the husband and the military police officer, and that C’s claim for consolation money is more equivalent.”

C. Accordingly, the Plaintiff filed an appeal and counterclaim with the Jeonju District Court 2014Reu520 (principal lawsuit) and 2014Reu73 (Counterclaim), and C filed an incidental appeal. On February 1, 2016, the said court rendered a ruling of recommending reconciliation with the purport that “the Plaintiff and C is divorced, and C pays the Plaintiff KRW 20 million as consolation money,” and around that time, the said ruling of recommending reconciliation became final and conclusive.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Eul evidence 15 and 16, each of the facts contained in this court

2. Judgment on the plaintiff's claim

A. On November 14, 2012, the Plaintiff alleged that C and C were in conflict with C prior to the Plaintiff’s marriage while having been subject to a divorce claim lawsuit, etc. by C, and that C and C were in conflict with C prior to the Plaintiff’s marriage, and thereafter, C and C.

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