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(영문) 대구지방법원 2019.05.02 2018나315029
손해배상(기)
Text

1. The defendant's appeal is dismissed.

2. The costs of appeal shall be borne by the Defendant.

Purport of claim and appeal

1..

Reasons

1. Facts of recognition;

A. On June 10, 2013, the Plaintiff and C had two children.

B. Around January 2018, Defendant and C came to know of the Internet game and committed unlawful acts, such as exchanging contact with each other from that time until March 2018, and having sexual intercourse.

(hereinafter “instant wrongful act”). C.

The Plaintiff was unable to continue the marriage with C due to the instant wrongful act, etc. by the Defendant and C, and was divorced on July 17, 2018.

[Ground of recognition] Facts without dispute, Gap evidence 1 through 4, 9, 10 evidence, Eul evidence 1 (including branch numbers), the purport of the whole pleadings

2. According to the facts acknowledged above, since it is obvious in light of the empirical rule that the plaintiff suffered mental suffering due to the defendant's improper act in this case, the defendant is obliged to pay the plaintiff a monetary suffering due to the plaintiff's unlawful act in this case.

The defendant asserts that the plaintiff's marital relationship with the plaintiff at the time of the illegal act of this case was actually in a state of failure, and thus, the plaintiff was not damaged by the illegal act of this case.

On the other hand, the evidence presented by the defendant alone is insufficient to recognize the fact that the marital relationship between the plaintiff and C was in a state of failure at the time of the act of this case by the defendant and C, and there is no other evidence to acknowledge it. Thus, the above argument by the defendant

3. The amount of consolation money that the Defendant is liable to compensate for to the Plaintiff due to the instant unlawful act shall be determined as KRW 15 million, comprehensively taking into account the contents and period of the instant unlawful act, the marriage period of the Plaintiff and C, and the family relationship, etc.

The plaintiff sought to pay consolation money as well as damages for delay due to the act of this case, but the plaintiff's consolation money exceeding the above recognition range.

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