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(영문) 서울동부지방법원 2019.10.31 2018가단135271
손해배상(기)
Text

1. The instant lawsuit shall be dismissed.

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

Reasons

1. The Plaintiff, the cause of the claim, is a woman of 1981, married in C and C in 2014, and has been married between them in 2017.

From February 2, 2017 to February 2, 2018, the defendant is both C and D of the labor law firm located in Mapo-gu Seoul Metropolitan Government (hereinafter referred to as "corporation") and is a female who is in common.

The defendant and C worked for the same corporation as a multi-company worker and engaged in an inter-company traffic.

The plaintiff is currently preparing for divorce according to the adultery between the defendant and C.

The plaintiff, who was pregnant on April 2018, has been suffering from mental injury until now, due to the failure of the marriage due to the defendant's adultery.

The defendant, even though he is aware that he is a spouse C, has committed an illegal act against the plaintiff by maintaining unsound act such as sexual intercourse with C for a considerable period of time. The plaintiff, who became aware of this, raised a complaint against the defendant, thereby threatening the plaintiff and instigating him.

Due to these illegal acts committed by the defendant, the plaintiff suffered a considerable mental suffering, and even a baby was born while pregnant.

Therefore, the defendant is obliged to pay the plaintiff the mental or physical suffering suffered by the plaintiff due to the tort in money.

2. Determination on the defense prior to the merits

A. On February 23, 2018, the Defendant’s assertion that: (a) on February 23, 2018, the Plaintiff entered into a conditional non-instigation agreement with the Defendant (hereinafter “instant non-instigation agreement”); and (b) the condition was fulfilled; (c) the Plaintiff’s claim should be dismissed in determination of the benefit

B. When the plaintiff and the plaintiff's mother were found in the defendant's office of the plaintiff's assertion, the defendant found the plaintiff's wrong judgment and sent the defendant's wrong judgment, but the defendant's attitude was completely changed.

Although the defendant recognizes that he was the husband of the plaintiff, if he did this talk with the company, he will drive away from the corporation.

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