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(영문) 수원지방법원성남지원 2016.07.06 2015가단208190
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from May 5, 2015 to July 6, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C have been married for 20 years with their children of 2 South and North Korea, who completed the marriage report on June 1, 1989.

B. Since around 2000 with C, the Defendant began teaching system, such as coming from the Japanese travel along with C and C, and visited C more than 2-3 times a week at the Defendant’s home, and has maintained a Buddhist relationship with C during the recent period.

C. On April 2015, the Plaintiff became aware of the unknown fact between C and the Defendant, thereby preventing the Defendant from contacting C.

이에 피고는 2015. 4. 8.경 C가 소지하고 있던 핸드폰의 전화번호로 수 회에 걸쳐 전화하여 원고에게 C를 바꾸어달라고 하였으나 원고가 이에 응하지 않는다는 이유로 원고에게 “야 유부남, 유부남 자꾸 얘기 하지마, 확 밟아 죽여 썅년”, “이 썅년 가서 확 아가리 찢어버릴래 이 개같은 년”, “이 쌍년아 그 딴 소리하지 마, 이 썅년아 확 가서 밟아 죽이기 전에 이 개같은 년”이라고 말하였다.

E. On November 25, 2015, the Defendant was sentenced to a fine of KRW 2,00,000 as heading 20,000 in Suwon District Court’s Sung-nam Branch by the aforementioned intimidation against the Plaintiff, etc.

F. The marriage between the Plaintiff and C continues to exist until now.

[Ground of recognition] Facts without dispute, Gap evidence 1-1 to Gap evidence 9-10, Eul evidence 3-1 to Eul evidence 17 and the purport of whole pleadings

2. Determination as to the cause of action

A. According to the above facts, the defendant maintained an inhumanity relationship for more than ten years with C, and in light of the period, behavior, etc. of the inhumanity relationship, it is reasonable to view that C was aware of the fact that C was a spouse.

In addition, in order to prevent contact with C, the Plaintiff committed an illegal act against C by verbal abuse, intimidation, etc.

The plaintiff was suffering from severe mental pain due to these acts.

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