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(영문) 서울고등법원 2015.06.25 2014나2035509
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

Purport of claim and appeal

The first instance court.

Reasons

1. The plaintiff's assertion that the defendant committed the following illegal acts with the plaintiff's spouse C, which led to the failure of a matrimonial relationship between the plaintiff and C, and accordingly, the plaintiff suffered physical and mental damage, and thus the defendant is liable to pay consolation money to the plaintiff.

As part of the Plaintiff, the Plaintiff first seeks payment of consolation money of KRW 40,000,000 and damages for delay.

On April 19, 2013 and May 17, 2013, the defendant sent time to C at the late night along with the defendant's residence.

The defendant has been living together with C at a different time.

The defendant provided meals in a manner different from C in neighboring D of the dwelling area.

2. Determination: (a) The Plaintiff and C are legally married couple; (b) the Defendant and C were at the Defendant’s home from April 19, 2013 to April 01:00 on the following day; (c) on May 17, 2013, the Defendant and C were at the Defendant’s home late at the latest; (d) on several occasions, the Defendant and C went back at the Defendant’s home; (c) on several occasions; (d) the Defendant provided a meals; and (e) the Defendant was at the Defendant’s home, and (d) the fact that C did not dispute between the parties, or that C was at the Defendant’s “Mu” or “Mun” by means of the statements and videos in subparagraphs 1 through 8, and Nos. 1 (including each number if there is a serial number).

However, the above facts alone found that the defendant committed an unlawful act with C.

It is not sufficient to recognize that the defendant involved in the illegal act of C and provided an important cause for the failure of a matrimonial relationship between the plaintiff and C, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's above assertion based on the defendant's improper act is without merit without further review.

3. As such, the plaintiff's claim is dismissed due to the lack of reason, and the judgment of the court of first instance is just in conclusion, and the plaintiff's appeal is without merit.

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