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(영문) 대전지방법원 2019.08.29 2018나118518
손해배상(기)
Text

1. The plaintiff's appeal is dismissed.

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

The purport of the claim and appeal is the purport of the appeal.

Reasons

The plaintiff is claiming damages of KRW 20 million on the ground that the defendant caused the failure of the plaintiff's marital life due to the plaintiff's wrongful act to the plaintiff's spouse and caused mental suffering to the plaintiff.

The facts that the Defendant had an illegal relationship several times with C and singinging in which the Plaintiff’s spouse had worked as the Plaintiff’s spouse from February 2, 2017 to April 2017, are not disputed between the parties.

However, in light of the following circumstances, which can be known by the entire purport of the statement and pleading of evidence Nos. 1 and 1, i.e., (i) it appears that C had no spouse to the Defendant; (ii) at the time of the Defendant’s delivery and delivery, C was working in a singing channel; (iii) it appears not to have been easy to anticipate that there was a spouse to work in a singing channel in light of the empirical rule; and (iv) it appears that the relationship between the Defendant and C was not maintained for a long time, the mere descriptions of evidence Nos. 6-1 and 2 are insufficient to acknowledge that the Defendant had an illegal relationship with C, knowing that C had a spouse, and there is no other evidence.

Therefore, the plaintiff's assertion cannot be accepted.

The judgment of the court of first instance which dismissed the plaintiff's claim is just, and the plaintiff's appeal is dismissed. It is so decided as per Disposition.

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