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(영문) 대구지방법원서부지원 2015.12.17 2015가합6754

손해배상(기)

Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 2,000,000 to the Plaintiff (Counterclaim Defendant) and the Plaintiff’s payment thereof from August 15, 2014 to December 17, 2015.

Reasons

A principal lawsuit and counterclaim shall also be deemed a principal lawsuit and counterclaim.

1. Basic facts

A. The plaintiff completed the marriage report on July 31, 2009 with C and one child between C and C, while living a married life.

B. From February 2014, the Defendant issued inappropriate messages using C and Kakao Stockholm, a company fee, and sent them over several times, and private kyms were met outside the company.

C. On June 11, 2014, the Defendant prepared and sent to the Plaintiff a letter that the Plaintiff would pay KRW 10,000,000 as consolation money, and on July 4, 2014, the Defendant came to know that the Plaintiff had come to know that the Defendant had come to know of the fact that he had come to know with C since February 2014. I would pay 10,000 won to the Plaintiff for mental and physical distress compensation until July 7, 2014, and would not receive C’s phone again after July 4, 2014, and would not pay 50,000 won as consolation money (hereinafter “each of the instant notes”) to the Plaintiff and remitted it to the Plaintiff on July 4, 2014.

Even after the Defendant written the instant letter to the Plaintiff, the Defendant sent and received messages using C and Kakaox, etc. by September 17, 2014. On July 14, 2014 and July 15, 2014, C and private kynam were sent to the Plaintiff.

E. At around 01:00 on July 16, 2014, C took photographs and videos against the Defendant’s will using a smartphone camera function, which the Defendant was under influence of alcohol, and committed a violation of the Act on Special Cases Concerning the Punishment, etc. of Sexual Crimes (hereinafter “instant pictures, etc.”) (hereinafter “instant pictures, etc.”) by photographing the Defendant’s chest and the negative part against the Defendant’s will, and the said judgment became final and conclusive after having been charged with the Defendant on June 23, 2015.

F. On August 10, 2014, the Plaintiff gets sound from the Defendant’s front corridor before the Defendant’s house, avoiding disturbance, and the Defendant’s mother is the mother.