손해배상(기)
1. The plaintiff's claim is dismissed.
2. The costs of lawsuit shall be borne by the Plaintiff.
1. Facts of recognition;
A. The Plaintiff is a legally married couple who completed the marriage report on May 22, 2017, and has one child.
B. C was on a long-term business trip in Echeon-si, and around June 11, 2019, he became aware of the Defendant’s visit to a restaurant operated by Echeon-si.
C. At around July 4, 2019, C contacted the Defendant, and around July 4, 2019, C, together with the Defendant’s two ex-postmencing and the Defendant’s one postmencing and singing in the Defendant restaurant.
After that, C moved to the Defendant as C’s accommodation, and the Defendant and C have sexual intercourse at the above accommodation. D.
C visited the defendant's house on July 10, 2019.
[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 1 through 4, 8, and 9 and the voice [the defendant's transcript (the transcript for the above transcript Nos. 3, 4, 8, and 9) submitted by the plaintiff as evidence is recorded by the party involved in the conversation and thus, it is inadmissible as evidence in violation of the Protection of Communications Secrets Act. However, the above evidence appears to have recorded the conversation with the defendant, but it cannot be concluded that there is no record file or a tape recording containing the other party's conversation merely because it recorded the other party's conversation among the other party's lands under the Civil Procedure Act of Korea where the principle of free evaluation of evidence is adopted (see, e.g., Supreme Court Decision 9Da1789, May 25, 199). Thus, this part of the argument is not accepted as a fact-finding discretion of the court. Even if the above evidence cannot be used as alleged by the defendant, there is no difference in the purport of the whole oral argument as a whole.
2. The assertion and judgment
A. The plaintiff asserts that the plaintiff is liable to pay consolation money to the plaintiff, since the defendant knew that he/she was the spouse C and Cheating.
The defendant does not know that C is a spouse.