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(영문) 대전지방법원논산지원 2015.10.22 2014가단22171
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

A. C and the Plaintiff were legally married couple who completed the marriage report on February 12, 1980, and had D and E two adult children under the chain.

B. The Defendant came to know C through the introduction of F around November 2009, and, around March 20, 2013, determined C as 1% per each interest month and lent to C more than KRW 100 million until September 19, 2014.

C. C filed a lawsuit claiming divorce and consolation money against the Plaintiff on August 7, 2014 (U.S. District Court Decision 2014ddan31760), but withdrawn the said lawsuit on May 7, 2015.

[Grounds for recognition] The defendant alleged by the parties to the dispute as to the facts without dispute, Gap evidence Nos. 1, Eul evidence Nos. 1, 2, and 11, and the purport of the whole pleadings, and the purport of the whole pleadings. Since from November 15, 2012 to November 15, 2012, Eul committed an unlawful act with knowledge that Eul was a spouse, the defendant has a duty to compensate for mental damage suffered by the plaintiff in money due to

The defendant's assertion is merely a creditor who did not lend a large amount of money to C and did not commit any unlawful act with C.

Judgment

A. According to the records in Gap evidence 2 and 3, the result of this court's order to submit financial transaction information to the Nonghyup Bank, the Asian aviation of this court, the Seoul Immigration Office, the National Health Insurance Corporation, Daejeon regional headquarters of Daejeon, Hyundai Card Co., Ltd., and the overall purport of the arguments and arguments, as a result of the fact-finding on each of the fact-finding with respect to the defendant's residence, Eul mainly engaged in daily life as a result of the issue that the defendant's residence is located, Eul and approximately 60 times telephone communications with the defendant from December 1, 2013 to January 20, 2014, and approximately 180 telephone communications with the defendant from February 22, 2014 to September 4, 2014; C paid accommodation expenses with his credit card from the Heelel located in Gwangju Metropolitan City on November 15, 2012; and the fact that the defendant promised to pay the accommodation expenses under the name of the defendant's hotel.

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