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(영문) 광주지방법원 2017.11.30 2016가단513000

위자료

Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

The fact that the plaintiff is a husband or wife under the law who was reported of marriage around May 16, 2001 is no dispute between the parties.

The plaintiff asserts that the defendant should pay 30 million won in total to the plaintiff as consolation money because the defendant committed unlawful act with C, and the defendant sent text messages to the plaintiff by insulting and threatening the plaintiff and thereby suffered mental pain to the plaintiff.

Therefore, it is insufficient to recognize that the evidence submitted by the plaintiff, including the statement of No. 3, as to whether the defendant committed a fraudulent act with C, alone, is insufficient to recognize that the defendant infringed or obstructed the maintenance of marital life falling under the essence of marriage and infringed his spouse's rights as a spouse by committing a fraudulent act with C, and there is no other evidence to acknowledge this otherwise.

Next, in light of the following: (a) the Defendant’s assertion that the Plaintiff sent text messages to the Plaintiff and threatened the Plaintiff by insulting and threatening the Plaintiff; (b) the Plaintiff and the Defendant sent text messages to the Defendant; and (c) the background leading up to the Plaintiff’s sending text messages to the Plaintiff; and (d) the content of text messages sent to the Defendant, etc., the evidence presented by the Plaintiff, including the Plaintiff’s evidence Nos. 4, 5, and 6-1 and 2, are insufficient to acknowledge that the Defendant made an insult and intimidation to the extent that it is unlawful; and

Therefore, the plaintiff's claim is dismissed as it is without merit.