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(영문) 부산지방법원 2016.12.01 2016가단309219

손해배상(기)

Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from May 11, 2016 to December 1, 2016 to the Plaintiff.

Reasons

1. The facts following the facts do not conflict between the parties, or can be acknowledged by comprehensively taking account of the overall purport of the pleadings in each of Gap evidence Nos. 1- 3 and evidence No. 6-1.

The plaintiff and C are married couple who completed the marriage report on October 19, 2005, and they have the 2005 birth's father and children in 201.

B. The Defendant served together with C at the Scenic Co., Ltd.

C. The Plaintiff filed a lawsuit against C, including divorce, with the Busan Family Court 2016ddan205263, and thereafter, C also filed a counterclaim for a claim for divorce, etc. with the same court 2016ddan11574. On November 2, 2016, the conciliation including the following matters (hereinafter “instant conciliation”) was established on November 2, 2016.

1. The plaintiff and C shall be divorced.

2. The Plaintiff shall be paid to C as division of property by January 30, 2017, KRW 65 million (the amount calculated by deducting KRW 10 million for one year’s child support), but if delay, the Plaintiff shall pay damages for delay at the rate of 5% per annum from the following day to the date of full payment.

4. A person with parental authority for a child shall jointly designate the custodian as the plaintiff.

5. C shall pay the Plaintiff a child support of KRW 400,000 per capita per child from December 1, 2017 to the day before the child reaches each adult age.

(1) The Plaintiff and C do not additionally claim consolation money, division of property, etc. in relation to the divorce of this case, except as otherwise provided in the foregoing, from November 2016 to November 2017.

2. The assertion and judgment

A. The summary of the party’s assertion (1) knew that the Plaintiff’s spouse had been a spouse, the Defendant continued to engage in unlawful conduct, such as having sexual intercourses with C several times at the conference and the Defendant’s home, from October 2014. During that process, the Plaintiff took verbal abuse via phone, and she made two instances of abortion by having sexual intercourses with C more than 20 times between C and C.

As such, the defendant.