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(영문) 광주지방법원 2017.03.30 2016가단526075
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from February 16, 2016 to March 30, 2017.

Reasons

1. Facts of recognition;

A. On April 23, 1993, the Plaintiff (D) married with C (E) on April 23, 1993 and formed F (E), G (195) and H (2006) as his child.

The defendant worked as a nurse at the hospital operated by C, a doctor.

B. The Plaintiff filed a lawsuit claiming damages against the Defendant at the Gwangju District Court (2015dan510387) (hereinafter “former District Court”), and C suspended the payment of living expenses to the Plaintiff on this ground, and the previous suit was concluded on September 23, 2015, and the judgment, which included the following order and reasons, was rendered on October 14, 2015, and became final and conclusive around that time, and C continues to take a school system by continuously visiting the Defendant’s office.

1) The Defendant paid to the Plaintiff the amount of KRW 30,00,000 as well as 5% per annum from April 30, 2015 to October 14, 2015, and 20% per annum from the next day to the day of complete payment) The Defendant committed unlawful acts, such as having sexual intercourse with C with which the spouse is the spouse. The Defendant is obligated to pay to the Plaintiff for mental damage suffered by the Plaintiff, who is the spouse of C due to such unlawful acts.

C. On November 19, 2015, C filed a lawsuit seeking divorce, etc. against the Plaintiff with the Gwangju Family Court (2015ddan36656), but the judgment dismissing the said claim on August 24, 2016 was rendered on August 24, 2016.

The evidence submitted by C alone is difficult to recognize that C or C’s parents were extremely maltreated by the Plaintiff. It is difficult to conclude that C or the Plaintiff’s matrimonial relationship was broken down to the extent that it would no longer be recovered. Even if the marriage relationship between C and the Plaintiff was broken down, the cause of aggravation of marital relationship between C and the Plaintiff is merely the cause of undermining the trust of both spouses by maintaining an inappropriate relationship with the Defendant.

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