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(영문) 수원지방법원안양지원 2019.08.22 2019가단103216
손해배상(기)
Text

1. The Defendant’s KRW 20 million to the Plaintiff and the Plaintiff’s 5% per annum from March 14, 2019 to August 22, 2019.

Reasons

1. The following facts of recognition may be found either in dispute between the parties or in the entries or videos of Gap evidence Nos. 1, 5, and 6 together with the purport of the entire pleadings.

The plaintiff and C are married couple who completed the marriage report on March 29, 1983, and have two adult children under the chain.

B. On April 2018, the Plaintiff, along with C around April 2018, went to the Daro group (satat), and the Defendant was also aware of both C and the Defendant in the course of driving.

2. The assertion and judgment

A. The gist of the parties’ assertion (1) The Defendant, despite being aware that the Plaintiff’s spouse had a spouse, committed unlawful acts, such as having sexual intercourse several times with C, while continuing to engage in an internal relationship with C from around 2018.

Before the Defendant entered into an inhuman relationship with C, the relationship between the Plaintiff and C was smooth. Due to the Defendant’s unlawful act, the Plaintiff was suffering from the failure of the marital relationship between C and C, thereby suffering from mental distress.

Therefore, the defendant is obligated to pay 30,000,100 won to the plaintiff as consolation money for such unlawful act.

(2) The defendant, while studying the defendant's private history and his reputation, divided it into C and cellular phone, etc. with profound knowledge about it, and did not commit any unlawful act with C.

In addition, the marital relationship between the plaintiff and C has already occurred before the defendant became aware of C.

B. The following facts are acknowledged in light of the purport of the entire pleadings and the overall purport of the arguments in each statement or video of Gap evidence Nos. 2-4, 7-10 (including paper numbers).

(1) As between December 25, 2018 and February 16, 2019, the Defendant (portable phone number D) appears to have made a call of C (portable phone number E) and mobile phone number multiple times.

(2) On February 14, 2019, the Defendant and C together provided meals at a restaurant located in Incheon, and had been staying in a nearby “F” hotel, and the Plaintiff was working in a guest room.

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