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(영문) 창원지방법원 2014.11.14 2013가단26299
손해배상(기)
Text

1. The defendant,

A. From February 28, 2014, the Plaintiff A’s KRW 10,000,000 and its related thereto:

B. Plaintiff B: 17,000,000 won.

Reasons

1. Judgment on the plaintiffs' claim of consolation money

A. The Defendant, despite being aware that the Plaintiff was a spouse of the Plaintiff B, who was married on July 30, 1976 with the Plaintiff, had sexual intercourse with the Plaintiff B several times on January 16, 2013. (2) However, the Defendant only had sexual intercourses with the Plaintiff B under an agreement with the Plaintiff, but did not have sexual intercourses with the Plaintiff B, on May 8, 2013, for the purpose of having the Plaintiff B receive criminal punishment without having raped the Defendant, the Defendant raped on eight occasions from that time to March 6, 2013, including having the Plaintiff “B raped himself on January 25, 2013,” and had the Defendant committed rape on eight occasions on March 25, 2013.”

[Ground of recognition] The facts without dispute, Gap evidence 1-1 to Gap evidence 2-4, Gap evidence 5, Gap evidence 6, the purport of the whole pleadings

B. Determination 1) According to the facts acknowledged as above by the plaintiff A's claim, since it is obvious in light of the empirical rule that the defendant had suffered a considerable mental pain due to the conduct between the plaintiff A and the defendant, the defendant is obligated to compensate for the mental suffering suffered by the plaintiff A. Furthermore, in full view of all the circumstances shown in the argument of this case, such as the background, period and result of the conduct between the defendant and the defendant, the marital life of the plaintiffs, the influence of the defendant's conduct on the plaintiff's marital life, the age, occupation and property relationship of the plaintiff A and the defendant, etc., the consolation money to be paid by the defendant is set at KRW 10 million.2) According to the above facts acknowledged as above by the plaintiff B's claim, it is obvious in light of the empirical rule that the defendant filed a false complaint that the defendant was rape with the sex relationship under the agreement and suffered mental suffering of the plaintiff B, and therefore, the defendant is obligated to compensate for the mental suffering suffered by the

Furthermore, in full view of all the circumstances shown in the arguments in the instant case, such as the background and purpose of the Defendant’s in mind, the investigation process against the Plaintiff B, the age, occupation, and property relationship between the Plaintiff B and the Defendant, the Defendant shall be compensated for.

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