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(영문) 전주지방법원 2020.05.08 2019가단14037
손해배상(기)
Text

1. The Defendant (Counterclaim Plaintiff) paid KRW 10,000,000 to the Plaintiff (Counterclaim Defendant) and its related amount from June 1, 2019 to May 8, 2020.

Reasons

1. Facts of recognition;

A. The Plaintiff completed the marriage report with C on December 4, 2007, and the Defendant completed the marriage report on January 29, 2010.

B. C knew that the Defendant’s spouse was, around March 10, 2018, sent out to the Plaintiff, the Defendant, who was a workplace partner, and the Kakao Stockholm message containing a pet language, and was sent out to the Plaintiff.

C. The Defendant and C agreed to the Plaintiff and D to have committed an unlawful act, and agreed to suspend the passage of Korea, but provided several contacts.

After the occurrence of the Defendant’s unlawful act, the Plaintiff sent several messages to the Defendant that the Defendant would talk with C and know about the unlawful act to the workplace and his/her children, and committed assault, such as taking the Defendant’s head debt, around May 3, 2019.

E. On July 5, 2019, the Plaintiff received pain treatment from a mental health department due to an injury or disease, such as mixed uneasiness, depression disorder, and infection, etc.

F. On February 4, 2020, D filed a lawsuit claiming compensation for mental damage suffered D due to the Defendant’s and C’s unlawful act (Seoul District Court 2019Kadan28005) with the Defendant and rendered a judgment ordering C to pay KRW 10,000,000 to D as consolation money, which became final and conclusive on February 20, 2020.

[Reasons for Recognition] Facts without dispute, Gap's statements, Gap's 1, 3 through 10, 14 through 17, 21, 23, 26, 28, 33 (provisional number omitted; hereinafter the same shall apply), Eul's statements and images, and the purport of the whole pleadings

2. Summary of the cause of the claim;

A. Since the Defendant in the principal lawsuit sustained mental suffering from the Plaintiff, such as continuing to contact after having committed an unlawful act with C, who is the Plaintiff’s spouse, and having committed an unlawful act, the Defendant is obligated to compensate for mental suffering suffered by the Plaintiff.

B. Since the Plaintiff, as a counterclaim, was aware of the unlawful act committed by the Defendant and C, threatened and threatened the Defendant, the Plaintiff is obligated to compensate for mental damage suffered by the Defendant.

3...

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