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(영문) 광주지방법원 2019.12.04 2019가단519030
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1.The following facts do not conflict between the Parties:

The plaintiff is a legally married couple who has completed the marriage report on November 9, 2005 and three children under the chain.

D is the spouse who has completed the marriage report with D.

B. The defendant has served as a director of E operated by C.

2. The plaintiff asserts that the defendant committed an unlawful act with C, who is the husband of the plaintiff, and claims compensation for consolation money for mental suffering suffered by the plaintiff.

3. However, in light of the following circumstances, the evidence submitted by the Plaintiff alone is insufficient to prove that the Defendant committed an unlawful act with C, and there is no other evidence to acknowledge it otherwise.

① On December 31, 2016, the fact that C sent the Defendant “B Love” in writing is recognized, but the Defendant was written before entering the company, and the name of the Plaintiff is the same as that of the Defendant, and the other party is not specified.

② The Defendant sent to C a text message stating that “I had been audited. I had been able to see the warden at all times,” but it may be viewed as an expression of the Defendant’s intention to resign, which had been a kind of relationship, even though C sent it to the Defendant.

③ Although it is recognized that C had accommodation at the home of the Defendant, it is difficult to determine whether C had accommodation with the Defendant, in light of the respective descriptions in B/L 1 through 3.

④ Comprehensively taking account of the above circumstances, it is deemed that there was an inappropriate relationship between C and the Defendant through the evidence submitted by the Plaintiff, but it is difficult to deem that the existence of a fraudulent act was proven.

4. Thus, the plaintiff's claim is without merit and it is so ordered as per Disposition.

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