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(영문) 인천지방법원 2017.10.18 2017가단222312
위자료
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. On October 4, 2007, the Plaintiff married with her husband C on October 4, 2007, but was married on July 9, 2013, and again married on April 26, 2017.

B. The Defendant conspiredd with C from the time of divorce with C until April 2017.

C. The Plaintiff is currently living together with C and maintains a matrimonial relationship.

[Grounds for recognition] The descriptions of evidence Nos. 1 and 4, and the purport of the whole pleadings

2. The assertion and judgment

A. Even after the Plaintiff’s assertion was divorced with C, the Plaintiff made contact as a child issue, and the Plaintiff was living together in a de facto marital relationship from January 26, 2016 on the premise of the consistency of adjudication from the second half of 2015, and reported the marriage again on April 26, 2017.

However, even though the defendant knew of the conformity with the judgment of the plaintiff and C, he continued to meet with C, such as having sexual intercourse with C.

The plaintiff suffered a serious mental or physical pain due to the illegal act between the defendant and C, and the marital relationship between the plaintiff and C has reconcept down again.

Therefore, the defendant is obligated to pay consolation money to the plaintiff 30,000,100 won and damages for delay.

B. The following circumstances revealed in the above basic facts and arguments, namely, ① the Defendant was a person who met C after the divorce between the Plaintiff and C, ② the Defendant’s continuation of the teaching system with C appears until April 26, 2017, ③ even if the Plaintiff and C were living together from January 2016, it is difficult to deem that the relationship between C and C was established due to the fact that the teaching relationship between C and the Defendant continued, and ④ the Plaintiff, knowing the relationship with the Defendant, while living together with C on April 26, 2017, taking into account the fact that the Plaintiff continues to have a marital relationship with C, the evidence alone submitted by the Defendant alone constitutes a tort against the Plaintiff or constitutes a tort against the Plaintiff.

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