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(영문) 수원지방법원 2017.04.14 2016가단520757
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. 【Evidence” 【A-1-2, A-2, A-3, A-4, the fact-finding results of the National Health Insurance Corporation, and the purport of all pleadings;

A. The plaintiff is a legally married couple who completed the report of marriage with C on October 4, 2002, and has two daughters under the chain.

B. Around 2012, the Defendant had sexual intercourse C with a passenger car, singing room, street room, telecom, etc. after the first call of C.

C. C was hospitalized for 15 days from May 17, 2013 to May 31, 2013 due to two frameworks and cerebrovascularssis.

Around that time, the plaintiff viewed the defendant's name from C's mobile phone.

원고는 이전에도 C의 휴대전화에 저장된 피고의 사진을 본 적이 있었고, C과 함께 있을 때 피고로부터 전화가 와 “빨리 오라.”는 통화 내용을 들은 적이 있었지만 C은 피고를 대학동창이라고 둘러댔다.

However, the Plaintiff’s excessively frequent monetary records were doubtful so that C was forced, and C was able to have satisfyed in Defendant and her age club one year, and satisfyd in Defendant and her age club more than twice a week while two people frequently met.

The defendant did not meet C after May 2013.

마. 원고는 2013. 7. 8. 다시 C에게 부정행위를 추궁하였고, C은 원고에게 “한 달 동안 계속 애기하고 있잖아. 어 한달 동안 나름 재밌었잖아.”라고 이야기하였다.

2. The allegations by the parties and the judgment of this court

A. 1) The Plaintiff’s assertion that the damage claim occurred (A) even though C knew that it was the father-Nam, the Defendant committed an unlawful act with C and C. In particular, it is obvious in light of the empirical rule that the Plaintiff sustained a serious mental suffering to the Plaintiff by continuing to engage in a relationship without any reflectivity even after the Plaintiff knew of the unlawful act between C and the Defendant. Therefore, the Defendant ought to pay the Plaintiff the emotional distress inflicted upon the Plaintiff in monetary form

B. The defendant's counterclaim knows that C is divorced at the time of the first arrival of C around the end of 2012.

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