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(영문) 인천지방법원부천지원 2016.07.14 2015가단111923
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from September 11, 2015 to July 14, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff and C shall complete the marriage report on July 21, 201 and complete the marriage report and have a legal couple who is married with her husband and wife (E). The Defendant is C and the employee’s husband and the employee’s husband.

B. C and the Defendant maintained improper relations, such as sexual intercourse, by designating C at work as the Defendant’s mentor. From August 2014, it exceeded the work bonus relationship and developed into a male and female relationship.

C. Even after July 2015, the Plaintiff became aware of the inappropriate relationship between C and the Defendant, C maintained the relationship with the Defendant, and accordingly, the Plaintiff and C agreed to divorce on January 11, 2016.

[Ground of recognition] Unsatisfy, Gap's statements in Gap's 1 to 5, 7, 9 (including paper numbers), Eul's testimony, the purport of the whole pleadings

2. Determination

A. According to the above acknowledged facts, the defendant maintained improper relations with C, who is the plaintiff's spouse, thereby infringing the plaintiff's common life between the plaintiff and C, and it is clear in light of the rule of experience that the plaintiff suffered mental suffering. Thus, the defendant is liable to compensate for the plaintiff's damage caused by the above mental suffering.

Furthermore, it is reasonable to determine the amount of damages to be paid by the Defendant as KRW 10,00,00 in light of the health team, the period, content, degree, and result of the Defendant’s tort.

B. The defendant asserts that the plaintiff's lawsuit of this case is an abuse of power since the plaintiff's action of this case solely aims to compel the defendant to immediately resign from his workplace.

On the other hand, the Plaintiff filed the instant lawsuit with the intent to force the Defendant to leave as alleged by the Defendant.

In light of the fact that the defendant's work at the same workplace and C has caused the defendant's illegal act, it is difficult to see that the plaintiff's filing of the lawsuit in this case constitutes abuse of right.

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