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(영문) 서울서부지방법원 2019.01.09 2018가단2458

손해배상(기)

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1. The Defendant’s KRW 10,000,000 and the following day shall be 5% per annum from May 4, 2018 to January 9, 2019 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and the Defendant began to associate with the Plaintiff on May 2015, and at the time, the Defendant had already married but did not notify the Plaintiff of such fact.

B. On January 1, 2016, the Plaintiff was employed in Ulsan City as a member of C on January 1, 2016. However, on March 28, 2016, the Plaintiff set the deposit amount of KRW 10 million, monthly rent of KRW 500,000,000, and the lease period of KRW 24 months.

C. Thereafter, around October 2016, the Plaintiff became aware of the fact that the Defendant was the father of the Republic of Korea, and the Plaintiff and the Defendant came to fall around December 2016.

On September 1, 2017, in Seoul Central District Court Decision 2017Ra3477, the Defendant took a dynamic image image with the Defendant’s cell phone without the consent of the Plaintiff, by putting in a bed room at a hotel with which the trade name in Paris from October 22, 2015 to October 23, 2015 is unknown.

‘A sentence of a fine of KRW 5 million was imposed for a violation of the Act on Special Cases concerning the Punishment, etc. of Sexual Crimes (Kameras, Use and Screening of Cameras).

E. Although the Defendant appealed as Seoul Central District Court No. 2017No3370, the appellate court dismissed the Defendant’s appeal on November 30, 2017. The Defendant appealed as the Supreme Court Decision 2017Do20609, but the appellate court rendered a final appeal on January 23, 2018, which became final and conclusive as it is by the first instance judgment.

[Ground of recognition] Facts without dispute, Gap evidence 1-2, Gap evidence 2-6, Eul evidence 1-2 and Eul evidence 1-2, the purport of the whole pleadings

2. Determination

A. The Defendant asserted that the Plaintiff had a sexual intercourse with the Defendant without the Plaintiff’s consent, using the Defendant’s mobile phone to take video pictures.

In addition, the end of this study was to repeat the words of marriage with the unmarried plaintiff while hiding the fact of the father's father's father's father's father's father's father's father's father's father's father's marriage in Seoul for smooth teaching and marriage.

As a result, the plaintiff retires from office as a regular worker, and is minor to Seoul, and is a non-regular worker.