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(영문) 서울남부지방법원 2018.10.05 2018가단202655
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from December 23, 2017 to October 5, 2018.

Reasons

1. In full view of the overall purport of statements, images, and pleadings by Gap evidence Nos. 1 through 14 and Eul evidence Nos. 1 and 2 (including each number), the plaintiff and Eul are married couple who completed the marriage report on July 19, 2003, and have 204 and 2007 children among them, and the defendant is not aware that C is a spouse around September 7, 2016.

9. From around October 11, 2016, during the period of death from around 28 to around October 201, 2016, the fact that C and the Plaintiff came to know that they were married with C was married with C is recognized. However, the Defendant continued to meet with C after November 2016, and continued to teach, including sexual intercourse, until October 2017.

2. The assertion and judgment

A. According to the facts of recognition, the Defendant continued to teach C even after becoming aware of the fact that C is a spouse for the first time on October 11, 2016, and barring any special circumstance, barring any such circumstance, the Defendant is liable to compensate for the Plaintiff’s emotional distress since it infringed on a couple’s community life equivalent to the nature of marriage or committed a tort interfering with the maintenance thereof against the Plaintiff, who is the spouse.

B. The defendant asserts to the purport that since C and the plaintiff's marital relationship were known to have been broken down and it was believed to have been divorced between them and continue to exist with C, it does not constitute a tort or did not have an awareness of illegality.

Comprehensively taking account of the descriptions and videos of Gap's evidence Nos. 4 through 9, 12, Eul evidence Nos. 1 and 2, and the overall purport of Gap's testimony and arguments, the defendant demanded that the defendant continue to provide a teaching system while stating that the marital relationship with the plaintiff was extinguished with the defendant and that Eul would be divorced between the plaintiff and Eul after the plaintiff became aware that the marital relationship with the plaintiff was marital relationship, and that the defendant would have been divorced between the plaintiff and the defendant on October 11, 2016. The defendant believed the horses of Eul and started to provide a teaching system again from November 14, 2016, such as lodging at the mother, etc., and on November 29, 2016.

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