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(영문) 전주지방법원 2015.09.02 2013가단36486

손해배상(기)

Text

1. The Defendant’s KRW 18,00,000 as well as the Plaintiff’s annual rate of 5% from January 30, 2014 to September 2, 2015, and the following.

Reasons

1. The fact that the plaintiff completed the marriage report with the defendant on November 23, 1988 can be recognized by the statements in subparagraph 1-1-3.

2. Plaintiff’s assertion and judgment

A. The Plaintiff’s assertion was committed by the Defendant from April 2013 to April 3, 2013 by committing unlawful acts, such as establishing an internal relationship with C, and the marital relationship between the Plaintiff and the Defendant has been broken down. The Plaintiff suffered emotional distress due to such unlawful acts by the Defendant.

Therefore, the defendant shall pay 20 million won and damages for delay to the plaintiff, and 14 million won out of the above money shall be jointly paid to C.

B. The phrase “illegal act” under Article 840 subparag. 1 of the Civil Act refers to all acts that are not faithful to the duty of mutual assistance as a spouse, and whether it is an unlawful act as a broad concept rather than the so-called “an ordinary” should be evaluated in consideration of the degree and situation of each specific case.

(See Supreme Court Decision 92Meu68 Decided November 10, 1992, etc.). The following facts are acknowledged to have been added to the entire arguments as to the instant case’s health class, dispute-free facts, Gap evidence Nos. 3, 5 through 7, and 13 (including paper numbers), and the court’s Ecomcomcomcomcom Co., Ltd., Lburse Co., Ltd., and the result of inquiry into the case’s existence, namely, ① the custody certificate issued by the laundry Co., Ltd. at the defendant’s office was discovered; ② the defendant sent text messages or sent voice messages more than 1,00 hours from April 3, 2013 to August 2013, and the defendant got out of the Defendant’s cell phone name and three times from 10:00 p.m. to 30:0 p.m., and the defendant got out of the Defendant’s residence and three times’s residence.