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(영문) 서울중앙지방법원 2016.09.30 2016가합513956
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

Basic Facts

On April 18, 2015, the Plaintiff introduced the "C" of the Marriage Information Company, which was employed in the Cheongju District Prosecutors' Office at the time, and had the Defendant associated with the Defendant.

The Plaintiff was pregnant due to the sex relationship with the Defendant. On July 21, 2015, the Plaintiff was diagnosed by 6 weeks of pregnancy at Dsan Women’s Medical Center and received an abortion surgery from the said hospital on August 5, 2015.

[Recognition] Facts without dispute, Gap evidence Nos. 2 and 5, the assertion and judgment of the purport of the whole argument, and the purport of the plaintiff's assertion and judgment were between the plaintiff and the defendant, and thus, the plaintiff was pregnant with the defendant. The defendant committed tort against the plaintiff, such as the plaintiff's refusal to give birth and violence against the plaintiff's language, etc., which caused the plaintiff to give birth and undergo abortion surgery.

Therefore, the defendant is obligated to compensate the plaintiff for the mental damage of KRW 300 million.

Judgment

The fact that the plaintiff was pregnant with the defendant while the plaintiff was in alliance with the defendant is as seen earlier, but the testimony of Gap 2 and 5, and witness E alone was between the plaintiff and the defendant's promise to marry.

The plaintiff's assertion is not acceptable, since it is insufficient to recognize that the plaintiff was a miscarriage due to the defendant's objection to childbirth or verbal violence, etc., and there is no other evidence to recognize it.

Therefore, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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