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(영문) 인천지방법원 2016.06.28 2016가단205570
손해배상(기)
Text

1. The Defendant’s KRW 1,00,000 as well as 5% per annum from March 4, 2016 to June 28, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On November 1, 2010, the Defendant is a legally married couple who completed a marriage report with Nonparty C.

B. The Defendant filed a lawsuit against the Plaintiff for damages as Incheon District Court Decision 2014Kadan217869, and on November 24, 2015, the above court rendered a favorable judgment against the Plaintiff on the ground that “the Plaintiff knowingly conspired with the Plaintiff that he/she is a spouse of C, and maintained the relationship for a considerable period even after the relationship with C was known to the Defendant, and the Plaintiff’s communal living was infringed due to the Plaintiff’s unlawful act, and the Defendant suffered emotional distress thereby,” and that “the Plaintiff was rendered a favorable judgment against the Defendant that “the Plaintiff shall pay the Defendant KRW 15 million and its delay damages.” The above judgment became final and conclusive at that time.

C. Meanwhile, the Defendant was indicted for committing an offense that “In the process of the foregoing civil procedure, the Defendant connected the Plaintiff’s “Kakaoto” on May 13, 2014, posted a written notice to the Plaintiff’s “Kakaoto” and then posted a statement to the Plaintiff that “The Defendant, in the process of the foregoing civil procedure, had repeatedly delivered text messages causing fear or apprehensions on five occasions from April 27, 2014 to November 1, 2015,” and received a suspended sentence from the above court (50,000 won) on May 20, 2016.

【Ground of recognition】 The fact that there has been no dispute, Gap Nos. 1, 2, 10, Eul Nos. 1 and 4, the purport of the whole pleadings

2. Determination

A. According to the above fact of recognition of the occurrence of damages liability, the defendant, as seen earlier, destroyed the plaintiff's reputation and smelled text messages causing fear or apprehension so that the plaintiff can not enjoy a peaceful daily life. Accordingly, the plaintiff suffering from mental suffering.

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