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(영문) 창원지방법원 2015.11.17 2015가단9809
손해배상(기)
Text

1. The defendant shall pay five million won to the plaintiff and 5% per annum from March 9, 2015 to November 17, 2015, and the next day.

Reasons

1. Determination as to the cause of claim

A. The plaintiff's assertion 1) The plaintiff is the husband who was married with the non-party C, and the defendant is well aware of the fact of marriage with the plaintiff, and the defendant did not have a marital relationship between the plaintiff and the non-party C by having committed several acts, so the defendant shall compensate the plaintiff for mental damage caused by such act. 2) The defendant's assertion that the defendant did not have a fraudulent act with C.

B. Determination 1) Without dispute between the parties, in full view of the evidence Nos. 1, 4-1, 2, 3, and 9-1, 3-9-1, 3-9-2, 3-3, and 3-1, the evidence Nos. 14-3, and the witness C’s testimony and the whole purport of the pleadings, the plaintiff is a married couple who completed the marriage report around April 27, 2012, and C became aware of the defendant as the plaintiff was employed in the restaurant where the defendant works in the main place in the prison, and C and the defendant came to have a sexual relationship several times in this process, and the defendant was well aware that C was married to the plaintiff on two or three occasions in 203.2) According to the above facts of recognition, according to the above facts, the defendant was aware that C was married to the plaintiff and the defendant was liable to compensate for mental damage caused by the plaintiff’s sexual intercourse.

3) The consolation money that the Defendant is liable for damages to the Plaintiff is as follows. In other words, C committed a wrongful act with the Defendant during the Plaintiff’s prison, and the number of unlawful acts is two to three times, and the period is not long, and it is reasonable to calculate consolation money as KRW 5 million in full taking account of the party’s attitude expressed before and after the pleadings. Accordingly, the Defendant’s defense as to the Plaintiff’s tort against this amount of KRW 5 million, as sought by the Plaintiff, as a result of the tort after March 9, 2015.

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