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(영문) 부산지방법원동부지원 2017.05.25 2016가단215624
손해배상(기)
Text

1. The Defendant’s KRW 5,00,000 and its relation to the Plaintiff’s KRW 5% per annum from August 17, 2016 to May 25, 2017, and the next day.

Reasons

1. Basic facts

A. On December 12, 199, the Plaintiff raised a marriage with Nonparty C on December 12, 199 and reported the marriage on February 23, 200, had two minor children between Nonparty C and C.

B. On August 17, 2016, the Defendant informed the Plaintiff of the fact that C and C took lessons for about three years from the beginning of December 2013 through the Kakakao Stockholm and telephone conversations, and sent C a conversation with the Plaintiff, C’s photograph, sexual picture, etc. marked at the house where C were mixed in Busan.

[Ground of recognition] Unsatisfy, entry of Gap 1 or 6 evidence (including additional number), purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff asserted that the Plaintiff had an inappropriate relationship, such as C and C, even though having knowledge that C were the spouse of C, thereby causing the failure of the Plaintiff’s matrimonial relationship. After the hedging with C, the Defendant notified the Plaintiff of the relationship with C by communicating with C, and threatened C with the content of dialogue or C’s sexual picture, and threatened C with the surrounding relationship.

As a result, the plaintiff is suffering from a friendly disorder, emotional distress disorder, etc. which makes it impossible for the plaintiff to live a static life.

The defendant is liable to compensate for mental damage suffered by the plaintiff due to such tort.

B. The Defendant’s assertion that he had been on December 2, 2013 as a guest at the drinking house, and that he was living separately with the denying Plaintiff, and that he was approaching only two children, and that he was approaching that he was on his own. The Defendant continued to arrange the relationship with C with C while the divorce has been achieved, and it is only to force the Plaintiff to contact with C and notify the Plaintiff.

3. Determination

A. As seen earlier, the Defendant established an inappropriate relationship with C, the Plaintiff’s spouse for a considerable period, as seen earlier, and the Plaintiff became aware after the termination of the relationship with C.

Even if it is obvious that he/she has suffered mental shock.

The defendant shall be thereby justified.

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