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(영문) 울산지방법원 2015.04.29 2014가단65334
손해배상(기)
Text

1. The Defendant’s KRW 10 million and the Plaintiff’s annual rate from October 4, 2014 to April 29, 2015, as follows.

Reasons

1. Facts of recognition;

A. The plaintiff is a person who has completed a marriage report with C and has two children under the chain.

B. Around August 2014, the Defendant started to teach C with which he/she takes lessons as a health care instructor, divided several times of telephone communications, and had a multiple gender relationship.

[Reasons for Recognition] Unsatisfy, Gap evidence 1, Gap evidence 2-1 to 9, Gap evidence 3-1 to 3, Eul's testimony, and the purport of the pleading

2. In the case of failure in the marriage due to the existence of a judgment, a spouse’s sexual relationship with a person having a sexual relationship with the other spouse, the third party who has a sexual relationship shall constitute a tort against the other party’s spouse, and the “illegal act by the spouse” stipulated as a cause for judicial divorce under Article 840 subparag. 1 of the Civil Act includes any unlawful act which is not faithful to the other party’s duty to assist the other party’s spouse, and the person who has participated in the wrongful act shall also constitute a tort against the spouse;

I would like to say.

According to the above facts, the defendant is judged to have been aware of the spouse of C, and also constitutes a tort against the plaintiff, who is the spouse of C, who participated in the illegal acts of C.

As a result, it is obvious in light of the empirical rule that the Plaintiff received mental impulses, the Defendant is obliged to waive it in money.

Although the defendant alleged to the effect that C was unaware of his/her spouse, according to the above evidence, the defendant seems to have known that C was a spouse. Thus, the defendant's above assertion is without merit.

C. The amount of consolation money shall be 10,000,000 won in full view of all the circumstances revealed in the pleadings, such as the scope of compensation for damages, the age, property, family relationship, period of fraudulent act, details and degree of such act, etc.

Therefore, the defendant shall pay to the plaintiff KRW 10,000,000.

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