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(영문) 수원지방법원평택지원 2014.10.31 2013가단14083
손해배상
Text

1. The Defendant’s KRW 8,00,000 as well as the annual rate of KRW 5% from April 2, 2014 to October 31, 2014 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C shall complete the marriage report on September 27, 2010 and have D(E) as their children.

B. On June 2012, the Defendant, as a golf instructor, became aware of C in the instant format, and maintained mutual friendship, and thereafter, C had provided a golf course to C.

C. At around 23:00 on June 19, 2013, the Defendant and C parked a passenger car owned by the Defendant on the road near the Haak-gu Goi-dong, Goi-gu, Goi-dong, Goi-gu, Goi-dong, and the Defendant was off, and was off from the back of the passenger car, and was off, and was found off, with C. However, the Defendant and the Defendant’s Defendant’s wife were able to witness it.

Accordingly, the Plaintiff filed a criminal complaint via the Defendant and C, but on August 29, 2013, received a decision from the Prosecutor’s Office to “incompetence of evidence” on the ground that there is lack of evidence as to communication.

(A) According to the above written decision of non-prosecution, the defendant and C appear to have stated to the effect that they had come to know from the investigative agency to the time). E

On the other hand, on June 24, 2013, the Plaintiff filed a claim for divorce and consolation money against C on June 24, 2013 (U.S. District Court Decision 2013Ddan2937), and C also filed a counterclaim against the Plaintiff on October 15, 2013 (the above court Decision 2013Ddan4742), and on February 18, 2014, the conciliation was concluded with the purport that “the Plaintiff and C shall be divorced. Both the Plaintiff and C shall withdraw both criminal complaints against the other party and waive the remainder of the claim relating to marriage.”

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap 1, 3, and 7 evidence, witness F, and C's testimony, the purport of the whole pleadings

2. Judgment on the Plaintiff’s assertion of the cause of claim

A. The "illegal act", which is a cause for judicial divorce under Article 840 subparagraph 1 of the Civil Code, includes any unlawful act which is acknowledged as not faithful to the husband's duty of mutual assistance even if it does not reach the common sense.

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