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(영문) 인천지방법원 2020.04.29 2018가단257124

위자료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and C are married couple who entered their marriage registry around January 2009 and completed their marriage declaration on July 21, 2015.

B. C has two children, such as Thai D and their birth, around June 2010.

The above D and E are registered as the plaintiff's child in the family relations register.

C. On May 5, 2018, the Defendant went to the Incheon F festival along with the foregoing D. D.

The Plaintiff, around May 2018, sent D’s Kakaox, around May 5, 2018, a message sent to and around the Defendant and D around May 5, 2018, referred D to the Defendant as “hin.”

E. The Plaintiff reported the above message to C and demanded genetic testing between the Plaintiff and D, and the Plaintiff’s genetic testing conducted by the Plaintiff showed that the Plaintiff did not establish parental relation between the Plaintiff and D.

[Ground of recognition] Unsatisfy, entry of evidence A1 to 5, witness C’s partial testimony, purport of whole pleadings

2. The assertion and judgment

A. The plaintiff asserted that the defendant committed an unlawful act with C and D, and that the defendant maintains an unlawful act, such as contact with D or payment of living expenses to C, which infringes on the plaintiff's marital life and prevents the maintenance thereof. Thus, the defendant asserts that he is liable to compensate for mental suffering suffered by the plaintiff due to such unlawful act.

As to this, the defendant asserts that C is a senior high school-friendly group of the defendant Patna, and the defendant is entirely able to do with C several times, that C was upon request from C to "I am married and other children have no objection to do so," and C was a kind of play upon request by C, and C was called "I am" to son, and that there was no way to send the living expenses or to commit fraudulent acts.

B. Therefore, as seen earlier, D is deemed to be “influent” when the Defendant was satisfyed with C or D and received messages at that time.