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(영문) 광주지방법원 2020.06.18 2019나66285
위자료
Text

1. The part of the judgment of the court of first instance against the plaintiff, which orders payment below, shall be revoked.

The defendant.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed a marriage report with C on January 19, 2013, and two children (2015, 2017, 2017) among them.

B. The Defendant, knowing that C was a married person with the Plaintiff, committed an unlawful act, such as having sexual intercourse several times from January 2018 to April 2019.

C. Around March 2019, the Defendant was pregnant with C’s child, and C was willing to have a child to the Defendant in early April 2019, and expressed that the Plaintiff was also aware of the aforementioned circumstances.

On April 9, 2019, after the Defendant was notified by C of the suspension of teaching programs, on April 9, 2019, the Defendant opened a 35 Kakao Kao Stockholm room including the Plaintiff and the Plaintiff’s four (4), and inserted a letter in attached Form 1 stating that he/she was pregnant while teaching programs from January 1, 2018, but was notified by C.

E. On the other hand, on April 8, 2019, the Plaintiff sent a message to the Defendant to the effect that: (a) the Plaintiff asked the Defendant about how he/she would in the future dialogue; and (b) C would return to home.

On the other hand, the defendant sent the message that C's son's son's son was pregnant, and that C would cause her son's son's son's son's son's son's son's son's son's son's son'

The main contents of the Kakao Stockholm messages sent and received between the Plaintiff and the Defendant from April 8, 2019 to April 13, 2019 are as shown in attached Table 2.

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

2. The assertion and judgment

A. The plaintiff's assertion ① Inasmuch as the defendant committed an unlawful act, such as having sexual intercourse with the plaintiff's spouse C for about one year and three months and having a pregnancy, etc., due to which the plaintiff suffered a serious mental suffering to the extent that he/she should receive mental treatment, it shall be the consolation money accordingly.

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