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(영문) 서울동부지방법원 2015.08.21 2014가단131103
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from January 31, 2014 to October 22, 2014.

Reasons

1. Facts of recognition;

A. On May 3, 2011, the Plaintiff is a legally married couple who completed a marriage report with Nonparty C, and has D (E) under the chain.

B. While being aware of the existence of Nonparty C’s spouse, the Defendant was aware of the existence of Nonparty C’s spouse, with the Defendant’s home continuously and continuously met with C from September, 2013 or from January 2015, with the Defendant’s home, or with the call and text messages (the above C stored the Defendant as “a bad and bad and bad and, in his handphone, used the name “self-conscept”).

C. Around May 2014, the Plaintiff became aware of the unlawful act by C and the Defendant, and found a photograph that C’s Handphone is suitable for the Defendant’s view, or a photograph taken in a Handphone. As a result, conflict between C and C arose between the Plaintiff and C, C did not open several times to open and open, and enter the house.

In addition, when the Plaintiff’s parents and C’s parents become aware of the above fact and C was asked to pursue to their family members, the Defendant sent to C, on September 2014, by affixing several photographs worn only her clothes, and sent C the text messages stating “I am able to continue to do so, I am am able to do so, and I am am able to do so.”

E. Around January 24, 2014, the Plaintiff died due to a traffic accident around January 25, 2014, where C and the Defendant died.

(Ground of recognition: Facts without dispute, Gap evidence 1 through 6, Gap evidence 8, Gap evidence 12, Gap evidence 13 through Gap evidence 16, the purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant continued to commit a tort against the plaintiff, who is the legal spouse of C, by knowing that C has a spouse, while committing a tort. Since it is obvious in light of the rule of experience that the plaintiff was suffering from mental suffering due to the above tort, the defendant shall be deemed to have suffered money from the plaintiff.

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