beta
(영문) 수원지방법원성남지원 2019.05.31 2018가단230778

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. On December 26, 2005, the Plaintiff is married to C, and two children of 2005 and 2008 under C and slicks.

B. Around August 12, 2018, the Plaintiff asked C, who returned home only three days, to the effect that the Plaintiff “ was the same as the Defendant for three days.”

C responded to this, “I wish to live with the Defendant,” etc., and said C made a statement.

C. A around September 22, 2018, around 23:54, the Defendant parked his/her motor vehicle in an apartment underground parking lot where the Defendant resides, and the Defendant sent C at the above underground parking lot around 12:59 on September 23, 2018.

C around September 29, 2018, around 13:00, it moved from the above underground parking lot to outside.

[Ground of recognition] Facts without dispute, Gap evidence 1, 3, 4, 5, and 6 (including paper numbers) or video, the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was that the Defendant committed an improper act, such as continuing C and inappropriate remaining, while knowing that C is a spouse, thereby causing serious mental distress to the Plaintiff.

Therefore, the defendant is obligated to pay the plaintiff the money stated in the claim as consolation money.

B. The Defendant’s summary of the Defendant’s assertion is not only C but also C and C, which were met by “D organization” around February 2017, and there was only a fact that there was a contact with C, an insurance solicitor, after July 2017.

3. Unlike the allegations alleged by the Defendant, the fact that the Defendant met C around September 2018, which was subsequent to the filing of the instant lawsuit, is recognized.

However, in light of the following circumstances acknowledged by the above evidence, it is difficult to view that the materials submitted by the Plaintiff alone are sufficient to prove that the Defendant committed an unlawful act with C, and there is no other evidence to acknowledge it.

① Even upon examining the images submitted by the Plaintiff, the Defendant and C are divided into daily personnel, and there is no other inappropriate relation.

(2) The defendant shall C.