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(영문) 수원지방법원여주지원 2019.10.24 2018가단55864

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as 5% per annum from November 22, 2018 to October 24, 2019 to the Plaintiff.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) since around 2005, the defendant started with C, while knowing that he was the spouse of the plaintiff from around 2005 to C, committed an unlawful act, such as having a sexual intercourse with C, such as having a domicile of the defendant and a telecom, and receiving money from the plaintiff, which led to the failure of the plaintiff's marital life and causing severe mental suffering. Thus, the defendant is obligated to pay 40 million won to the plaintiff for consolation money due to the above unlawful act. 2) The defendant's assertion that he was aware of C with C, which was about 2004 and had sexual intercourse with C at the request of C, but did not commit an unlawful act from around 2013 to around 2013, since he was aware that he was the spouse of C, and the transaction was terminated on April 4, 2014, and thus, he could not be found to have been used as a means of the plaintiff's unlawful act.

B. 1) On July 26, 1980, the Plaintiff got married with C and has been married with three children. 2) The Defendant became aware of C having been married with C in 2004 through 2005 while working in multiple areas. From around that time, the Plaintiff continued to teach C as having sexual intercourse with C, and came to be hedging around 2014.

3) C performed the duties of the head of a village for several years during the teaching period with the Defendant. From 2012 to 2013, the Defendant was found to be the same as the Defendant in the living room where the Plaintiff and C’s family photographs, etc. were incurred. 4) around 2014, the Defendant aided the Plaintiff in the housing of the Plaintiff and C around 2014.

5) The Plaintiff is currently residing in the same manner as C without divorce.