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(영문) 서울중앙지방법원 2015.02.11 2014가단5227525

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from August 20, 2014 to February 11, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On August 31, 2010, the Plaintiff married with C.

B. The Plaintiff and C went to Japan while entering the Doin Institute, and became the Defendant around April 2014, and the Defendant was aware that the Plaintiff and C were married.

C. From the end of May 2014 to the end of June, 2014, C and the Defendant: (a) frequently exchanged the characters, such as “the fact that I think,” “I think,” “I think,” “I do not have any general ties,” and (b) on June 19, 2014, I were aware of the Plaintiff.

On June 19, 2014, the defendant prepared a letter to the plaintiff on June 19, 2014, stating that "I will leave the prisoners of war after three months, with the knowledge of the father's father and son, and will not communicate again in the future without contact. I will leave the prisoners of war." (the following letter of this case).

[Ground of recognition] Facts without dispute, entry of Gap1 to 13 evidence, purport of the whole pleadings

2. As to the lawsuit of this case seeking damages on the ground of fraudulent act as to the defense prior to the merits, the defendant asserts that the lawsuit of this case is unlawful, since the plaintiff promised not to raise any civil or criminal objection while demanding the preparation of the written statement of this case.

In light of the contents of the instant written statement as seen above, it is insufficient to recognize that there was an agreement between the Plaintiff and the Defendant not to institute a lawsuit solely on the basis that the Defendant prepared the instant written statement, and there is no other evidence to acknowledge it.

The above defense is without merit.

3. Determination on the cause of the claim

(a) A person who has a spouse to be liable for damages or a person who has committed an unlawful act shall constitute a tort against his/her spouse, and shall have a duty to inflict mental suffering on his/her spouse;

In addition, the misconduct stipulated in subparagraph 1 of Article 840 of the Civil Code shall be simple.