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(영문) 서울남부지방법원 2020.01.16 2019가단216927
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The Plaintiff, a basic fact-finding 1987, is married in C and in 2015, the birth of which was 1990, and has a coupled with the Plaintiff. On November 6, 2017, the Defendant, who was the birth of 1979, visited the Service Center for the Repair of Motor Vehicles, and became aware of the fact that he had sexual intercourse with C several times from January 2019 to February 201, may be recognized as having no dispute between the parties, or that he was aware of the purport of the entire pleadings in each of the statements in subparagraph 1 and subparagraph 2.

2. Summary of the parties’ assertion

A. The Defendant’s sexual intercourse with the Plaintiff’s spouse constitutes a tort that infringes on the Plaintiff’s common life or interferes with the maintenance of the Plaintiff’s marital life and infringes on the Plaintiff’s rights as the spouse, and thus, the Defendant is obligated to pay consolation money as compensation for mental suffering suffered by the Plaintiff due to

B. At the time of having a sex relationship with Defendant C, the Defendant was aware that he was unmarried in age, and C had arranged the relationship after the confession that he was the father-Nam, so there is no fact that the Plaintiff committed a tort alleged by the Plaintiff.

3. Judgment on the issue

A. Comparing the allegations of the parties, the issue of the instant case is whether C was aware that C was a father-Nam, and whether C was aware that it was a father-Nam during the said teaching period.

B. First, there is a written statement (Evidence No. 6) in C prepared to the effect that the evidence directly corresponding to the Plaintiff’s assertion was presented to the Defendant from the beginning of the call with the Defendant, but it is not reasonable to believe it as it is in light of the following: (a) partial description of the evidence No. 8; (b) C’s attitude and character that can be taken into account in the images of the evidence No. 1 through No. 3; (c) the degree of loyalty to home; and (d) the age.

C. The Plaintiff, after filing the instant lawsuit, did not talk with C during the process of dividing conversations with the Defendant.

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