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(영문) 서울중앙지방법원 2019.03.08 2018가단5086036
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate from May 30, 2018 to March 8, 2019.

Reasons

1. Basic facts

A. On February 26, 1996, the Plaintiff and C have her husband and wife under the law, who completed the marriage report around February 26, 199.

B. The Plaintiff is a public official in Seoul, and C is serving in a region, and after the year of 2014, the Plaintiff was serving in a weekend.

다. C과 피고는 2007. 12.경 체육센터의 회원으로 서로 알게 되었는데, 2008년경 연인관계로 만나면서 함께 식당에서 손을 잡고 앉아 있는 사진을 찍었고, 2015년경에도 서로 팔짱을 끼고 뽀뽀하는 등 다정한 포즈로 사진을 찍었으며, C이 그동안 피고에게 송금한 돈도 수천만원에 이른다. 라.

C and the Defendant were made from March 22, 2014 to July 5, 2016, from time to time, telephone conversations, or from time to time to time, with each other’s name as one’s own.

【Fact-finding without any dispute, Gap evidence Nos. 1 through 6 (if there is a provisional number, including each number; hereinafter the same shall apply) [the defendant illegally restored the mobile phone without permission of C and submitted evidence, such as text messages and telephone conversations, etc., which is contrary to the Personal Information Protection Act or the Protection of Communications Secrets Act, and thus cannot be used as evidence. However, the issue of whether to accept evidence under the Civil Procedure Act which adopts the principle of free evaluation of evidence falls under the discretion of the fact-finding court (see, e.g., Supreme Court Decisions 80Da2314, Apr. 14, 1981; 97Da38435, Dec. 23, 1998); the defendant's argument is rejected] and the purport of the whole oral argument as a whole.

2. The assertion and judgment

A. The plaintiff asserted that the defendant caused mental distress to the plaintiff who is the spouse of C by committing a tort with C, and that the defendant is obligated to compensate the plaintiff for mental distress suffered by the plaintiff due to the tort.

As to this, the defendant is aware that the defendant has already been divorced between C and the plaintiff in early 2008.

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