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(영문) 인천지방법원 2020.01.22 2019가단224480
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 August 1, 2005, and has two minor children under the chain.

B. On April 14, 2019, upon the Plaintiff’s request, the Defendant issued to the Plaintiff a letter stating that “I, from July 2018, 2018, have followed inappropriate relations, including sexual intercourses, several times with women C, and thereafter, I promised not to communicate with C” (hereinafter “each letter of this case”).

【Ground of recognition】 The fact that there is no dispute, entry of Gap Nos. 1 and 10, and the purport of the whole pleading

2. Determination as to the cause of action

A. Since the plaintiff's assertion infringed upon the plaintiff's common life between the plaintiff and C by committing an unlawful act, the defendant is obligated to pay consolation money for mental suffering suffered by the plaintiff as a tort.

B. At the time of commencement of the Defendant’s argument with C, C was aware of unmarried status at the time of commencement of the educational system with C, and around September 2018, C was a divorced and began living together with C with such knowledge, and C was unaware of the legal spouse.

After the plaintiff found the defendant on April 14, 2019 and came to know that C is a state of legal divorce with the plaintiff, the relationship with C is directly organized, so there is no liability for damages against the plaintiff.

C. The evidence submitted by the Plaintiff, including the written statement of this case, was known that C had already been married and has been a woman of her spouse at the time when the Defendant associated with C.

The Plaintiff’s visit on April 14, 2019, it is insufficient to recognize that C maintains a fraudulent act with C even after having known that C was a woman, and the Plaintiff’s assertion is without merit, as there is no other evidence to acknowledge it.

3. The plaintiff's claim for conclusion is dismissed as there is no reasonable ground.

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