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(영문) 대구지방법원 2017.01.13 2015가단50085
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 for Plaintiff A and the following: 5% per annum from February 16, 2016 to January 13, 2017;

Reasons

1. Basic facts

A. The plaintiff A and F are legally married couple who completed the marriage report on June 1, 1990, and the plaintiff B (G), C (H) and D (I) are their children.

B. On March 25, 2013, the Defendant was employed by F in the J Co., Ltd. and served as an accounting until now.

다. 피고와 F는 2015. 6.경부터 2015. 7.경까지 F가 집 앞에 있다고 하자 “태워줘”(피고가 보냄), “수욜 마트가서 염색하자, 당신한테 잘 보일라고”(F가 보냄), “오늘 경주 바람쐬러 가자”(F가 보냄), “방이 없단다”(피고가 보냄), “당신의 종이 되겄음”(F가 보냄), “자기야”(피고가 보냄) 등의 카카오톡 문자메시지를 주고받았다.

In addition, F sent a voice message, etc. to the Defendant on September 15, 2015 (see, e.g., 06:26, Sept. 15, 2015; 05:07, Nov. 12, 2015) and late time (see, e.g., November 27, 2015). At the latest, F sent a voice message, etc., on the Defendant’s home (see, e.g., Supreme Court Decision 22:16, Sept. 12, 2015); and the Defendant’s motion picture, etc., on the part of the Defendant.

(No. 24th of January 2016) / 24th of January 2016 / [based on recognition] without any dispute, the entries in Gap evidence Nos. 1, 3, 4, 6, and 7 (including paper numbers), the images of Gap evidence No. 9, the fact-finding results of this court's fact-finding with ELS, the purport of the whole pleadings.

2. The assertion and judgment

A. Plaintiff A’s claim portion 1) asserts that Plaintiff A was infringed on a couple’s communal life due to an inappropriate relationship between F and the Defendant, and the Defendant was obligated to pay consolation money of KRW 30 million for mental suffering suffered by Plaintiff A. The Defendant asserts that F and F only have been working until now for the Defendant to receive business funds lent to F due to the relationship between president and employees. 2) Determination of F and F merely infringes on a couple’s communal life corresponding to the essence of marriage or interferes with the maintenance of a couple’s communal life and infringe on his/her spouse’s rights as his/her spouse.

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