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(영문) 부산가정법원 2018.8.22.선고 2018드단201159 판결
위자료
Cases

2018dago 201159 Money for consolation

Plaintiff

A

Defendant

Section B.

Conclusion of Pleadings

July 18, 2018

Imposition of Judgment

August 22, 2018

Text

1. The plaintiff's claim is dismissed.

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

Purport of claim

The defendant shall pay to the plaintiff KRW 8 million and the plaintiff shall be fully paid from the day after the delivery of the complaint of this case.

shall pay 15% interest per annum.

Reasons

1. Facts of recognition;

A. The Plaintiff and A reported marriage on August 31, 2016, and one child was born.

나. 피고와 A는 대학교 동창 사이이다. 피고는 2017. 6. 18. 01 : 20경 A에게 " 넹 ~ 외 대앞이다 ㅋㅋ 피곤하겠다 ㅜ 언능씻구와 ~ " 라는 메시지를 보냈고, 01 : 22경 A는 " 응 씻 고올께요 ~ 도착하면 연락해 ~ " 라고 답하였으며, 01 : 33경 피고는 " 나 잘 도착해띠 ~ 오늘도 자기랑 가치 놀아서 재밋엇던 하루엿네 " 라고 답하였다 .

C. On September 2017, the Plaintiff reported the instant text message between the Defendant and A, and told that the Plaintiff was divorced from the Defendant due to the Defendant’s and A’s wrongful act.

D. The Plaintiff and A shared consultations on December 11, 2017.

[Ground of recognition] Evidence No. 1, Evidence No. 2, Evidence No. 2, Evidence No. 2, and whole purport of pleading

2. Assertion and determination

The plaintiff asserts that the plaintiff is liable to pay consolation money of eight million won to the plaintiff, since the plaintiff lost the trust of the defendant and the plaintiff due to the illegal act of the defendant and the Gap, and the divorce has been brought to the plaintiff because the difference between the defendant and the plaintiff was brought to the plaintiff.

The time during which the Defendant sent text messages to A and “A” can be deemed inappropriate to mean “A” as one’s own act. However, the following circumstances are acknowledged by the evidence Nos. 2, A’s evidence Nos. 3, B’s evidence Nos. 2, B’s evidence Nos. 3, and B’s evidence Nos. 5. In other words, the Defendant and A were engaged in a religious gathering with other friendship groups at the university, and four other friendship groups than the above two persons were present at the meeting on the date when the Defendant sent letters to A, and the Plaintiff was closed at around 00:30; the Plaintiff did not specify the foregoing text messages, other than the above text messages, and only submitted the text messages and conversation between the Plaintiff and the Plaintiff, and the Defendant and the Defendant’s friendly Kax, etc. that were not directly proving specific misconduct, and the Plaintiff and the Defendant’s her organization no longer appeared to have been able to prove the divorce between the Plaintiff and the Plaintiff on grounds of “I’s own marriage and no other evidence. 7,”

Therefore, the plaintiff's assertion of consolation money on the premise that the marital relationship between the plaintiff and A has disappeared due to the defendant's improper act and the defendant's improper act is without merit.

3. Conclusion

Therefore, the plaintiff's claim is dismissed. It is so decided as per Disposition.

Judges

Judges Yoon Jae-nam

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