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(영문) 창원지방법원 2019.06.13 2018나63393
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against Plaintiff B regarding the amount of money ordered to be paid below.

Reasons

1. The reasoning for this part of the judgment regarding the defendants' defense is the same as the part of the judgment of the court of first instance concerning the defendants' defense on the main safety. Thus, this part of the judgment is acceptable in accordance with the main sentence of Article 420 of the Civil Procedure Act.

2. Determination as to Plaintiff A’s claim against Defendant C

A. Although Plaintiff A’s assertion was the victim due to Defendant D’s adultery, Defendant C found the apartment building residing with the said Plaintiff and E on July 8, 2014, and caused the said Plaintiff’s humiliation and behavior, and thereafter, Defendant C took a bath and intimidation to the said Plaintiff by means of text and telephone almost one year thereafter.

Plaintiff

A due to the tort committed by Defendant C, as the husband’s husband’s E and the de facto marital relationship has disappeared, etc., the Defendant C is liable to compensate for the damages.

B. According to each text of the evidence Nos. 13 and 20, it is not sufficient to acknowledge that Defendant C had committed an act corresponding to an illegal act by sending text messages mixed with abusive language to Plaintiff A and sending text messages to Plaintiff A. However, the evidence submitted by Plaintiff A alone is insufficient to acknowledge that Defendant C had committed an act corresponding to the illegal act, such as abusive language or intimidation against Plaintiff A, or sending text messages with such content. There is no other evidence to acknowledge otherwise.

Therefore, the plaintiff A's above assertion is without merit.

3. The reasoning for this Court’s judgment as to Plaintiff A’s claim against Defendant D is as follows: “The judgment of the court of first instance is 2. A.

Since the part concerning the claim against Defendant D is the same as the part concerning the claim, it is accepted in accordance with the main sentence of Article 420 of the Civil Procedure Act.

4. Determination as to Plaintiff B’s claim against Defendant C

A. Plaintiff B’s assertion reveals the e-mail address used by Plaintiff B for the company’s business purposes, and demands the above Plaintiff to go to the e-mail address, and make intimidation.

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