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(영문) 대전지방법원천안지원 2015.09.17 2015가단7813
손해배상(자)
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from May 29, 2015 to September 17, 2015.

Reasons

1. Facts of recognition;

A. On June 9, 1997, the plaintiff married with C and had two children under the chain, and the defendant married with D on June 29, 1999 and had two children under the chain.

B. From December 2013 to August 15, 2014, the Defendant sent and received e-mail containing sexual content from time to time with C from around December 2013 to around August 15, 2014, and became sexual intercourses around both sides of Gyeonggi-do.

C. On August 15, 2014, the Plaintiff became aware of the relationship with C and the Defendant, and the Defendant’s office was found at September 13, 2014, and resisted to the Defendant at around nine hours.

In this process, the defendant's wife D also knew of the relationship between the defendant and C, and on September 26, 2014, the plaintiff's wife C filed a lawsuit seeking damages against the plaintiff's wife C as Seoul Northern District Court 2014Kadan12439.

E. On September 30, 2014, the Plaintiff received a written statement from the Defendant stating that “the Plaintiff shall recognize and not re-contributate the illegal relationship with C,” and filed a complaint against the Defendant and C on October 15, 2014.

F. The plaintiff is the defendant in an investigative agency.

In the process of receiving the written statement of claim, the defendant and C did not have the right to prosecute the above complaint on the ground that they were negligent.

G. On March 18, 2015, C and D concluded conciliation with the effect that “C shall pay 15,000,000 won in installments to D as damages for damage” in the Seoul Northern District Court Decision 2014Kadan124439, March 18, 2015.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 10, purport of the whole pleadings

2. Determination

A. According to the above facts of recognition, the defendant established a sex relationship with C several times in a marital relationship with the plaintiff, and frequently exchanged e-mail containing sexual contents, which led to the failure of the relationship between the plaintiff and C. This shall constitute tort against the plaintiff, who is the spouse of C, and thereby, shall compensate the plaintiff for damages equivalent to consolation money.

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