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(영문) 대구지방법원 2017.07.26 2016가단30552
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 as well as the Plaintiff’s annual rate from September 28, 2016 to July 26, 2017.

Reasons

1. On July 22, 1991, the Plaintiff completed the marriage report with C on July 2, 1991, and has one male female between them.

From the end of 2015, the Defendant became aware of C at a restaurant operated by C, and around that time, he continued to communicate with C, exchanged with C, or exchanged with B, and suspended the teaching system as the Defendant’s spouse was discovered to D around April 2016.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 5, purport of the whole pleadings

2. Determination:

A. According to the above facts of recognition as to the cause of the claim, the defendant committed an unlawful act with C, the spouse of the plaintiff, and infringed the marital life of the plaintiff and thereby inflicted mental pain on the plaintiff. It is recognized in light of the empirical rule.

Therefore, the defendant has a duty to pay the plaintiff monetary suffering to the plaintiff.

With respect to the amount of consolation money, 5,00,000 won out of the consolation money claimed by the Plaintiff shall be recognized as consolation money, in consideration of all the circumstances shown in the records and arguments in the instant case, such as the health care unit, the marriage period, marital life, the course and duration of the Defendant and C, and their patterns, etc.

B. The defendant's assertion that the defendant argued that C did not have her husband with the knowledge that C had no spouse and had a school system with the knowledge that C had no spouse, but there is no evidence to acknowledge it, and therefore, the defendant's argument

3. If so, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claims are dismissed as they are without merit. It is so decided as per Disposition.

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