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(영문) 서울서부지방법원 2020.06.16 2019가단245504
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed the marriage report on October 14, 2010.

B. From July 2019, the Defendant and C continued to have a school system in a cafeteria, etc. from around July 2019 to have a relationship with each other, such as running a school, driving a line at a restaurant, etc., or exchanging gifts.

[Ground of recognition] Facts without dispute, Gap evidence 1, Eul evidence 2-3, the purport of the whole pleadings

2. The parties' assertion

A. The Defendant, despite being aware of the fact that the Plaintiff is the father-child of the spouse C, committed an unlawful act beginning with the teaching system from July 2019.

At least on August 31, 2019, C has continued to commit an unlawful act while maintaining her remainder, even though C became aware of the fact that it is her father-Nam.

Since the plaintiff suffered mental suffering due to the defendant's wrongful act, the defendant is obligated to pay 30,000,100 won as consolation money and delay damages to the plaintiff.

B. Defendant C started to enter into an unmarried teaching system, and Defendant C knew of the Plaintiff’s marriage in the course of her marriage, but he continued to undergo an educational system after hearing C’s statement that he had already been divorced from the Plaintiff in 2018 and has already been paid child support to the Plaintiff, and there was no fact with C since he became aware that she is in the course of marriage with the Plaintiff.

3. In full view of the evidence submitted by the Plaintiff, the fact that the Plaintiff was suffering from a big mental pain after having become aware of the Plaintiff’s wrongful act, which is his spouse, can be acknowledged.

However, the evidence submitted by the Plaintiff alone is insufficient to recognize that the Defendant conspireds with C while being aware that C is a spouse, and there is no other evidence to acknowledge it.

Therefore, the claim of this case, which was based on the premise that the defendant knew that he was the spouse of C, had committed an unlawful act with C, is without merit.

4. As such, the instant claim is dismissed. It is so decided as per Disposition.

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