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(영문) 부산지방법원 2016.06.30 2015가단227099
손해배상(기)
Text

1. The Defendant shall pay to the Plaintiff KRW 15 million and the interest rate of KRW 15 million per annum from June 30, 2016 to the date of complete payment.

Reasons

1. Facts of recognition;

A. On November 12, 2008, the Plaintiff (CB) is living in the Republic of Korea, where he/she had performed a work related to the Hanjin Heavy Industries located in the Republic of the Philippines flood, and he/she has completed the marriage report on November 12, 2008, and she is living in the Republic of Korea, such as creating two sons (the birth in 2009, and in 201).

B. The Defendant, as a person of the Philippines, is operating a restaurant with the trade name “I” in Busan F with G (H students).

C. D had been employed as an employee from December 2, 2014 to April 2015 in the above restaurant, and on May 8, 2015, D left the Republic of Korea to the Philippines.

On May 2015, when the Plaintiff was working in the Philippines, from J, which has been a long time since the end of 2015, that the Defendant is in in infinite relationship with D, that D has already been infinite operation, and that it is expected to immediately leave the Republic of Korea with the Republic of Korea due to the occurrence of the Plaintiff’s child.

Accordingly, the Plaintiff immediately resigned from the company accompanying on May 30, 2015, and immediately returned to the Republic of Korea on June 1, 2015. The Plaintiff left the Republic of Korea on June 25, 2015 with the knowledge that D had already left the Republic of Korea, and returned to the Republic of Korea on July 3, 2015.

[Reasons for Recognition] Unsatisfy, Entry of Evidence A 1 to 3, Witness J and G, and the purport of the whole pleadings

2. The parties' assertion

A. The plaintiff's assertion that D was aware that D was the plaintiff's wife, and the defendant formed a non-wheeled relationship and got pregnant twice or more. This constitutes a tort that infringes upon the couple's common life and infringes on the plaintiff's spouse's rights.

Therefore, the defendant should compensate for mental damage suffered by the plaintiff.

Before and after the filing of the instant lawsuit, the Defendant recognized the Plaintiff’s error in its entirety on the part of the Plaintiff, and agreed to pay consolation money of KRW 30 million.

B. The defendant's assertion that there is no defense that the defendant has no relation with D.

D. The defendant.

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