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(영문) 대전지방법원 2015.03.11 2014가단226779

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as annual 5% from January 13, 2014 to March 11, 2015 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On March 5, 2008, the Plaintiff reported marriage with C on March 5, 2008 and became his/her legal spouse, and two South Koreas between C and C.

B. The Defendant is a person working in the same workplace as C, who was aware of C at the workplace, and was aware of C’s being a spouse until April 2013, 201, and conspired C with C for a considerable period of time, even though C was aware of C’s being a spouse, intended to engage in a gift for the Plaintiff and C’s children, and around 15:00 on April 17, 2013, the Defendant had one-time sexual intercourse at a room in the Ecomfore room located in C and Daejeon Jung-gu, Daejeon.

C. After becoming aware of the foregoing illegal relationship between C and the Defendant, the Plaintiff was provided with an infertility and treatment due to a mental disorder on the grounds of depression, depression, adaptation disorder, etc. on May 2013 through June, 2013.

On June 24, 2013, the Plaintiff filed the Daejeon Family Court case No. 2013Ddan6168, and the said case was closed on October 31, 2013, after being transferred to Daejeon District Court 2013Gadan3954, the withdrawal of the Plaintiff’s lawsuit.

The Plaintiff filed a complaint with C and the Defendant with an investigative agency as a crime of adultery, and the Prosecutor was indicted on November 29, 2013 by the Daejeon District Court 2013Kadan4613 as a crime of adultery, but the submission of the Plaintiff’s complaint was made on December 6, 2013, and the said criminal case was dismissed by the said court on January 23, 2014.

In other words, on January 7, 2014, the Plaintiff filed the instant lawsuit against the Defendant as Daejeon Family Court No. 2014Dhap5008, and on April 3, 2014, upon filing a claim for divorce and division of property against C, the case of divorce, etc. was concluded upon the Plaintiff’s revocation of the lawsuit. The instant lawsuit was transferred to the instant court.

[Ground of recognition] Unsatisfy, Gap evidence 1 through 8 (including paper numbers), Eul evidence 1 and 2 (including paper numbers), the result of the examination by this court, the purport of the whole pleadings

2. Determination.