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(영문) 의정부지방법원 2017.04.25 2016가단121123

위자료

Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on May 11, 2012.

B. From June 2016 to August 201 of the same year, the Defendant sent an interview with C via telephone and e-mail, or sent an interview with a year.

[Ground of recognition] Unsatisfy, Gap evidence 1 to 3, and non-satisfy

2. The summary of the Plaintiff’s assertion committed an unlawful act, such as exchanging e-mail with C inappropriate contents, which led to the failure of the relationship between the Plaintiff and C, and the Defendant is obligated to pay the Plaintiff, who suffered from extreme mental distress, a solatium amounting to KRW 50 million and damages for delay.

3. The transcript of the judgment (No. 4) concerns dialogue between the Plaintiff and the Defendant on August 21, 2016. Therefore, in light of the fact that it is difficult to readily conclude that the Defendant was aware of the Defendant’s spouse from June 2016 solely based on the content of the above transcript, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant was aware of the Defendant’s spouse during the period in which the Defendant was in a relationship with C.

In addition, even if the Defendant was aware that C was a spouse, it is difficult to recognize that the relationship between the Plaintiff and C was broken down due to the Defendant’s wrongful act, in light of the following circumstances, namely, the marriage period between the Plaintiff and C, the period during which the Defendant was placed in the relationship with C, and C had experienced mental suffering due to the Plaintiff’s detention before the Plaintiff was developed into the relationship with C, and it appears that C was not solely related to the Plaintiff even after the Plaintiff was released from the hospital.

Therefore, the plaintiff's assertion is without merit.

4. In conclusion, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.