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(영문) 수원지방법원성남지원 2016.11.25 2016가단210343
위자료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Determination on the cause of the claim

A. The plaintiff's assertion that the defendant established an inappropriate relationship with C while working in the non-party D corporation operated by the plaintiff's husband who is the plaintiff's husband, and born the non-party E, the defendant shall pay the plaintiff the amount stated in the claim as consolation money.

B. The judgment is based on the following facts: (a) the Plaintiff and C are legally married couple; (b) the Defendant, despite being aware of this fact, has sexual intercourse with C around 2008; and (c) the Defendant, despite being aware of the fact that the Defendant gave birth to a child between the Defendant and C, has no dispute between the parties; or may be recognized by comprehensively taking account of the overall purport of pleadings as a whole in the statement in the evidence Nos. 1 through 6. Accordingly, the Defendant violated the Plaintiff’s community life by committing an unlawful act with C and his spouse, which is the Plaintiff’s legal spouse; and

2. Determination on the Defendant’s assertion

A. On July 9, 2010, the Plaintiff filed a lawsuit against the Defendant for damages, but withdrawn on October 26, 2010. The three-year statute of limitations expired from the date the Plaintiff became aware of the damage and the perpetrator.

B. In full view of the overall purport of the arguments in the evidence Nos. 2, 3, 4, and 1 and 2 as a whole, the defendant sent to the plaintiff a certificate of content that the plaintiff was dismissed by exercising pressure on the part of the defendant and C on February 11, 2009. ② The plaintiff pointed out the inappropriate relationship between the defendant and C and the defendant around February 17, 2009. ③ The defendant sent the plaintiff a certificate of content that the plaintiff would withdraw criminal measures against the defendant. ③ The defendant did not claim civil and criminal liability as stated in the above content certification, instead of the plaintiff and C.

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