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(영문) 인천지방법원 부천지원 2018.07.06 2017가단117208
손해배상(기)
Text

1. The Defendant’s KRW 12,00,000 as well as the Plaintiff’s annual rate of KRW 5% from December 16, 2017 to July 6, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff (the plaintiff) married on October 5, 199 with C (the 1967 birth) on October 5, 199, and led a pair of nests to his wife in 2004.

B. From July 10, 2017 to November 16, 2017, the Defendant (1965 Plaintiff) knowingly provided a voice call of approximately 290 times from July 10, 201 to C, and C is good for the Defendant;

It also speaks that they would love.

C. In October 2017, the Defendant, along with C et al., drinked alcoholic beverages by not more than 3 times in a new wall with C et al. on the following day. Around that time, the Defendant had been engaged in an adverging with C on the new wall at least two occasions, including a person in a televerging room with C, etc.

【Ground of recognition】 The fact-finding without any dispute, Gap 1-9, 11, 15, 16, Eul 2, and the purport of the entire pleadings

2. The assertion and judgment

A. In light of the above facts acknowledged as constituting liability for damages and evidence Nos. 7-4, 9, and 15, the testimony of the witness C is deemed to be generally true. Thus, the defendant can be sufficiently recognized as having committed an unlawful act, such as establishing a multiple-time sexual relationship with the plaintiff's husband C, and it is obvious in light of the empirical rule that the plaintiff, who is the spouse of C, was suffering from considerable mental suffering due to such defendant's unlawful act, and therefore, the defendant is obliged to pay compensation for mental damage suffered by the plaintiff in cash.

B. Furthermore, the scope of damages and the amount of consolation money that the Defendant is liable to the Plaintiff is determined to be KRW 12,00,000,000, in full view of various circumstances, including the following: (a) the period of marriage and family life of the Plaintiff and C; (b) the background, period, and degree of the Defendant and C’s unlawful act; (c) the extent that the unlawful act of the Defendant and C had affected the Plaintiff; (d) the Plaintiff and the Defendant’s age, occupation; (e) the Defendant denied the sexual relationship with C; and (e) the relationship between the Defendant and C appears to have been terminated.

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