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(영문) 대전지방법원 천안지원 2018.11.29 2018가단108540

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from August 7, 2018 to November 29, 2018.

Reasons

1. Basic facts

A. The plaintiff is a married couple who completed the marriage report on October 19, 2005 between C and three children under his/her chain.

B. From the beginning of 2017, the Defendant committed an unlawful act, such as having a sexual intercourse with C, knowing that C is a spouse of the same company from around the beginning of the same year.

C. On October 25, 2017, the Plaintiff filed a lawsuit against the Defendant seeking compensation for damages arising from the said unlawful act with Daejeon District Court Branch Decision 2017Kadan11150, which became final and conclusive after rendering a judgment on March 21, 2018 to the effect that “the Defendant shall pay to the Plaintiff KRW 15,00,000,000, and delay damages therefrom” was paid on May 16, 2018.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 and 2, the purport of the whole pleadings

2. Determination as to the cause of action

A. The gist of the parties’ assertion asserts that the Defendant continues to engage in a tort C and unlawful act even after the date of closing argument in the Daejeon District Court case No. 2017Da111500, the Plaintiff sought compensation for consolation money of KRW 30,000,100 and damages for delay.

As to this, the defendant asserts that C did not have any fact after the date of the closing of argument in the above case and the fraudulent act did not continue.

B. Comprehensively taking account of the overall purport of the arguments in each statement of Gap evidence Nos. 3 through 8, and 10 (including the number of branch numbers), the defendant continued to communicate with Daejeon District Court Decision 2017Kadan1150 and delivered text messages, photographs, videos, etc. after the closing date of argument in the case No. 2017Gadan1150, it can be acknowledged that the defendant continues to commit an unlawful act by giving and receiving text messages, pictures, videos, etc.

According to the above facts of recognition, the defendant committed an unlawful act with knowledge that C is a spouse, and as such, it is obvious in light of the empirical rule that the plaintiff had suffered considerable mental suffering. Accordingly, the defendant is accordingly.