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(영문) 의정부지방법원 고양지원 2018.02.08 2017가단82075
손해배상(기)
Text

1. The Defendant’s KRW 13,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 5, 2017 to February 8, 2018.

Reasons

The plaintiff and C are married couple who reported their marriage on November 9, 2005 and have their children.

Since December 2016, C entered into an inappropriate relationship with the Defendant, who is a workplace partner, and the Plaintiff became aware of C’s misconduct through the remaining birth in the same workplace as C.

[Ground of recognition] Fact-finding, Gap evidence Nos. 1 through 5, Eul evidence Nos. 1, and the purport of the whole pleadings are as follows: according to the above facts of recognition, Eul committed an unlawful act by establishing an inappropriate relationship with the defendant during the marriage with the plaintiff. The defendant believed that C is a spouse, although he was aware or could easily know that C is a spouse, and did not have any ground for C with due care, and caused mental pain to the plaintiff who is the spouse of C. Thus, the defendant is liable for damages to the plaintiff.

Furthermore, considering the various circumstances shown in the arguments in the instant case, such as the period during which the Plaintiff and C continue to marry, the contents and period of misconduct, the developments and timing of filing the instant lawsuit, the degree of responsibility of C and the Defendant, the degree of efforts made by the Plaintiff and C to recover their families, and the attitude of the Defendant, the consolation money to be paid to the Plaintiff shall be determined as KRW 13 million.

Thus, the plaintiff's claim of this case is justified within the above scope of recognition, and the remaining claim is dismissed as it is without merit.

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