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(영문) 창원지방법원 2017.02.16 2016나56810
손해배상(기)
Text

1. Of the judgment of the court of first instance, the part against the Defendants shall be revoked, and against the Defendants corresponding to the revoked part.

Reasons

1. Basic facts

A. From July 2006, the Plaintiff, while maintaining the internal relationship with Defendant B, lent money to Defendant B while arranging the relationship around 2009.

B. Defendant B did not repay the above loans, and the Plaintiff knew her husband E of the non-wheeled relationship between himself and Defendant B, and due to this, it was divorced from E on July 29, 2009.

On the other hand, around April 2009, E filed a complaint with the Plaintiff and Defendant B, and the Plaintiff and Defendant B were sentenced to a suspended sentence of two-year imprisonment for each of the crimes of adultery by the Seoul Eastern District Court 2009Kadan2987 on December 22, 2009, and the above judgment became final and conclusive on December 30, 2009.

[Grounds for recognition] Class A, 6, 7, 20 through 23, and the purport of the whole pleadings

2. The plaintiff's argument that the plaintiff suffered mental suffering due to the following illegal acts by the defendants, so the defendants shall jointly and severally pay consolation money of KRW 30,000,000 and delay damages to the plaintiff.

① Defendant B, from February 21, 2009 to March 5, 2009, threatened the Plaintiff that he would know the Plaintiff’s her husband if he/she did not lend money to the Plaintiff. The Plaintiff borrowed money from the Plaintiff frighting to drink.

② Since then, when the Plaintiff demanded the Defendant B to repay the borrowed amount, the Defendant C, who is another female of the Defendant B and B, made intimidation from May 2009 to June 201, by notifying the Plaintiff’s husband of the adultery, which led the Plaintiff to the Plaintiff to receive the loan back.

③ Defendant C, on the Internet, posted publicly comments that slandered the Plaintiff, thereby insulting and impairing the reputation of the Plaintiff. Although the Plaintiff requested Defendant B and C to delete and delete them, Defendant C’s failure to comply with the request, thereby insulting the Plaintiff.

④ The Plaintiff alleged that he lent money to Defendant B, and received text notes or calls that aroused fears from Defendant B, and Defendant B.

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