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(영문) 의정부지방법원고양지원 2019.07.18 2017가단84873
손해배상(기)
Text

1. The Defendant’s KRW 5,234,790 and the Plaintiff’s annual rate of 5% from September 22, 2017 to July 18, 2019.

Reasons

1. Basic facts

A. On July 27, 2002, the defendant reported the marriage with C on July 27, 2002, and two minor children were placed between C and C.

B. Around December 2015, as C had discussed the relationship between the Defendant and the Plaintiff, the Defendant knew of such fact at a school in which the Plaintiff was in office, and accordingly, the Plaintiff filed a complaint against the Defendant and C as defamation by publicly alleging false facts with respect to the fact that the Plaintiff stated that “the relationship is inappropriate for C.”

(No. 23970, 2016, 23970.

C made a statement to the effect that “the Plaintiff, an elementary school alumni, was in school, and was sexual intercourses several times from July 2014 to May 2015” in the investigation process of the said criminal case. Based on the above statement contents, the Goyang Branch Office of the Gu’s District Prosecutors’ Office issued a non-prosecution disposition against some criminal facts on September 23, 2016.

On October 10, 2016, the Defendant filed a lawsuit against the Plaintiff seeking compensation for damage caused by an unlawful act with the Jung-gu District Court 2016Ddan65715, and the said court rendered a judgment ordering the Plaintiff to pay consolation money of KRW 30 million for mental distress suffered by the Defendant and its delay damages (hereinafter “related case judgment”), but on July 11, 2018, the lower court rendered a judgment dismissing the appeal on September 7, 2018.

E. On April 11, 2017, the Defendant brought a divorce lawsuit against C, such as divorce, which was divorced by the decision of recommending reconciliation (Jinyang District Court 2016ddan8798).

[Reasons for Recognition] Facts without dispute, Gap evidence Nos. 8, Eul evidence Nos. 1 through 3 (including provisional number) and the purport of the whole pleadings.

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