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(영문) 의정부지방법원 고양지원 2018.01.11 2017가단81546
손해배상(기)
Text

1. The Defendant: (a) KRW 10,000,000 for the Plaintiff and 5% per annum from June 28, 2017 to January 11, 2018; and (b) the Plaintiff.

Reasons

The plaintiff and C are married couple who reported their marriage on January 2, 199, and have their children.

C entered into an inappropriate relationship with the Defendant from May 2015, and D, the husband of the Defendant, filed a lawsuit claiming damages against C (Seoul District Court 2016dan16743) against C, and the conciliation was concluded on November 15, 2016.

The plaintiff received the above complaint against C and became aware of C's misconduct.

[Ground of recognition] Facts without dispute, Gap 1-10 evidence, and the purport of the whole pleadings are as follows: Eul formed an inappropriate relationship with the defendant during the marriage with the plaintiff, and thereby caused mental suffering to the plaintiff who is the spouse of C by participating in C's wrongful act, even though he knows that the plaintiff is a spouse of C, and therefore, the defendant is liable for damages to the plaintiff.

Furthermore, taking into account the various circumstances indicated in the pleadings of the instant case, such as the period during which the Plaintiff and C continue to marry, the contents and period of fraudulent act, the developments and timing of filing the instant lawsuit, the degree of responsibility of C and the Defendant, the degree of efforts made by the Plaintiff and C to restore their families, the amount of damages borne by C in the relevant case, and the amount of the damages paid among them, etc., the consolation money to be paid by the Defendant to the

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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