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(영문) 전주지방법원 2014.12.10 2013가단41426

손해배상

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual interest from January 8, 2014 to December 10, 2014, and the following.

Reasons

1. Facts of recognition;

A. On April 20, 2002, the Plaintiff has completed a marriage report with C on April 20, 200 and has been married.

B. The Defendant took part in C’s tasks from the time of high school students to the time of military service. On January 2012, 201, the Defendant contacted C with C and met with C, while having knowledge of C’s spouse, and became a sexual relationship with C and once with C while having knowledge of C’s spouse.

C. Around February 14, 2012, the Defendant sent C a message stating that “I wish to expect the Kakaox as Kakaox, four thoughts, and one’s personal delivery date, and I sent a message to C, “I sent the message,” and then I sent the message to C, “I would like to send a tabon in the shape of a gift box,” and then sent the message to C, “I would be within the next week, I would like to receive if I would not send a gift with the nature of the gift,” and the Plaintiff came to know of the fact that C and C came to know after confirming the above message.

After becoming aware of the fact that the Defendant and C entered into an inhumane relationship with the Plaintiff, the Plaintiff was placed in an emergency room on April 15, 2012 due to stress. On May 2013, the Plaintiff was subject to psychological counseling.

[Ground of recognition] Facts without dispute, entry of evidence Nos. 2 and 5, testimony of witness C and purport of whole pleadings

2. According to the above facts finding as to the claim, the defendant sent C with a liverer with the knowledge of the plaintiff who is the spouse, and sent C with a message that can be seen as an unlawful act. This constitutes a tort against the plaintiff. Since it is obvious in light of the empirical rule that the plaintiff suffered mental suffering due to the above illegal act, the defendant is obliged to do so in money.

Furthermore, the amount of consolation money to be paid by the defendant is all the circumstances, such as the marriage period of the plaintiff and C, the defendant's adultery and misconduct, the marital relationship between the plaintiff and C, and the plaintiff's health.