beta
(영문) 인천지방법원 2018.10.25 2018가단214141

손해배상(기)

Text

1. The Defendant’s KRW 7 million to the Plaintiff, as well as 5% per annum from March 30, 2018 to October 25, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff and C are married couple who reported their marriage around February 1993, and have two children under the chain.

B. Around March 2017, the Defendant, who had worked as an employee at an entertainment establishment, had first met C, which had been found in his/her workplace, and thereafter started living together with his/her employee.

C. On March 3, 2018, the Defendant decided to liquidate the relationship with C. On March 3, 2018, sent 7 copies of the photo taken up with C, along with C, to the Plaintiff, who is the spouse of C, via Kakaox, on March 3, 2018. On March 7, 2018, the Plaintiff sent the message to the effect that C recognized and subject to fraudulent acts with C, and sent the message to the same effect to the Plaintiff via Kakaox on April 4, 2018.

On the other hand, after the receipt of the complaint of this case, the defendant prepared two copies of a letter to the same effect as the above message, and sent it to the plaintiff's office.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 8 (including a provisional number), the purport of the whole pleadings

2. The following circumstances revealed in light of the Defendant’s above recognition of liability for damages and the evidence revealed by the Defendant: (i) the Defendant continued to commit unlawful acts despite having knowledge that C is a spouse; (ii) the Defendant, as an employee of a entertainment establishment, was first sent to C with C, but was maintained as nearly one year thereafter, and was living together; (iii) the Defendant, in liquidation of the relationship with C, sent the Plaintiff pictures marked with C; and (iv) sent a message directly recognizing C’s living together with C; and (v) the Plaintiff suffered emotional distress due to the aforementioned acts conducted by the Defendant and C; (v) however, the Defendant’s access to the Defendant, who was working for a entertainment establishment more than the age of C than the Defendant, to the Defendant who was employed as an employee of the entertainment establishment.