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(영문) 인천지방법원 2020.02.06 2019가단239918

손해배상(기)

Text

1. The Defendant’s KRW 300,000 as well as the annual rate from August 7, 2019 to February 6, 2020, and the following day.

Reasons

1. Occurrence of liability for damages;

A. There is no dispute between the parties to the liability for damages caused by an unlawful act, or when comprehensively taking account of the overall purport of the arguments in the statement in subparagraphs 1 through 4, the Plaintiff was in a de facto marital relationship with C on December 15, 2018, the Defendant and C committed an unlawful act including a sexual intercourse from March 2019 to April 2019 (hereinafter “instant unlawful act”), the Plaintiff and C reported their marriage on May 15, 2019, and the Plaintiff gave birth to E between D and D date.

According to the above facts, the defendant is liable to compensate the plaintiff for damages caused by the instant wrongful act, since he violated a de facto marital relationship between the plaintiff and C by committing the instant wrongful act with C in a de facto marital relationship with the plaintiff.

B. In full view of the absence of dispute between the parties to the liability for damages caused by the assault, the statement No. 1, and witness F’s testimony, the Plaintiff followed the Defendant’s body on May 1, 2019, including taking the Defendant’s body around 18:30 on May 1, 2019, and spreading coffee to the Defendant’s head and body, and thus, it was acknowledged that the Defendant attached the Plaintiff’s head head by setting up against it. The Defendant is liable to compensate the Plaintiff for damages caused to the Plaintiff due to the said assault (hereinafter “the instant assault”).

Although the Plaintiff asserted that the Defendant committed assault by the method of benefiting the Plaintiff’s service as pregnant woman, part of the witness C’s testimony corresponding thereto is difficult to believe that there is no evidence to support it, and there is no other evidence to acknowledge it.

2. Scope of liability for damages

A. There is no dispute between the parties to the liability for damages caused by an unlawful act, or the following circumstances, which can be acknowledged by comprehensively taking account of the overall purport of the pleadings, namely, suspicion of de facto marriage between the Plaintiff and C, separate from the unlawful act of this case, and appearance of C’s children.