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(영문) 서울남부지방법원 2020.07.23 2019가단256147
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual interest from October 16, 2019 to July 23, 2020, and the following.

Reasons

1. Facts of recognition;

A. On July 23, 1990, the Plaintiff and C have two children of 192 and 1996 under the chain as the legal couple who completed the marriage report.

B. D, the Defendant’s spouse, filed a lawsuit against C for damages claim by Seoul Central District Court Decision 2018Da5184879, on the ground that the Defendant and C suffered mental damage due to unlawful acts.

C. On August 27, 2019, the above court affirmed the following factual relations, and rendered a ruling that C shall pay consolation money of KRW 20 million and damages for delay to D, considering that C violated D and the Defendant’s common life or interfered with its maintenance by committing an unlawful act from around 2008 with the Defendant and the Defendant’s spouse, and that C shall pay consolation money of KRW 20 million for mental damage to D. The above ruling became final and conclusive around that time.

① From April 2006, C came to know of the Defendant and became aware of the phone calls with the Defendant several times.

② C는 2008년경 피고에게 ‘어젯밤 행복했고 즐거웠다’라고 문자를 보냈다.

③ On November 30, 2008, C drafted a letter with D stating that “I will live there after this hour,” and “I will not cause the same day thereafter.”

④ Around December 9, 2008, the Defendant also received from D a written statement from D, stating that “I would not refuse to remove our family,” and “I would not leave two times again.”

⑤ At around 2009, E, who is the child of D and the defendant, had been witnessing to face with the defendant and C.

6 From 2014 to 2017, C had been witnessed in several places of business of the facility business operated by the Defendant, and the Defendant and the neighbors have been a meals or walked.

(7) F, D and the defendant's ancillary, shall be left up to C and the defendant in the inner room of the facility business place run by the defendant around Eul, 2016.

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