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(영문) 전주지방법원 2015.04.28 2014가단35299
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Judgment on the plaintiff's claim

A. The Plaintiff and Nonparty C are married on August 5, 2003 and have two shapes D and E under the chain of marriage.

However, since around 2012, the Defendant entered into the foregoing non-dispact relationship with C, thereby causing the failure of the Plaintiff’s home. However, the Defendant is obliged to pay consolation money of KRW 30 million to the Plaintiff as compensation for mental damage suffered by the Plaintiff due to the above tort.

B. Therefore, there is no dispute between the parties as to the fact that the Defendant was in a relationship with Nonparty C around 2012.

However, in addition, as to whether the Defendant knew or could have known the fact that C was the father of the son, it is insufficient to acknowledge the above facts only with the descriptions of the evidence Nos. 5 through 8, and there is no other evidence to acknowledge it.

Therefore, the plaintiff's claim of this case, which is based on the premise that the defendant maintained the relationship with C while he knew or could have known that C was the father's husband, thereby causing the failure of the plaintiff's family.

2. The plaintiff's claim is dismissed.

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