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1. Of the judgment of the court of first instance, the part against the defendant exceeding the money ordered to be paid below shall be cancelled and taken.
Reasons
1. As to the cause of claim
A. On December 24, 1990, the Plaintiff married with C on December 24, 1990, and has one child among them. 2) The Defendant married with D on February 19, 1991, but divorced on June 7, 201.
3) On January 17, 2006, the Defendant sent C a text message stating “Isday-day” to C through eight times from January 21, 2006, “Isday to do so, and do not do so, and do not do so, and do so.” (4) The Plaintiff discovered C and the Defendant’s misconduct around August 2009, and the Defendant sent a text message stating “Isday to do so. Isday. Isday to do so.” The Defendant sent a text message to C on August 23, 2009, which read “Isday to do so. Isday. Isday to do so.”
5) On August 27, 2009, C prepared and delivered to the Plaintiff a written statement that “The Defendant had sexual intercourse with the Defendant at least three times during four years from August 2005 to August 2009, and had been contacted by telephone, text, mail, etc. at least once a week. At least once a month, C brought in the Republic of Korea at least once a month, and maintained the inhumanity relationship for four years. The Defendant again prepared and delivered a written statement that “I will not communicate with the Defendant, by any means, such as text, telephone, mail, and painting.” The Defendant was sent to C via E mobile phone on March 30, 2012, and received the mobile phone text messages from December 30, 2014 to August 17, 2015 (hereinafter referred to as “C mobile phone text messages”) and from December 30, 2014 to August 4, 2017.
[Basis] Evidence Nos. 1, 2, 3, 13, 14, 17, 20 evidence Nos. 1, 12, and the purport of the whole pleadings
B. The Defendant is liable for tort against the Plaintiff, since the Defendant committed an unlawful act with C, thereby infringing upon the Plaintiff’s community life, interfering with the maintenance thereof, and suffering from mental distress.
C. The scope of damages and the period and family relationship of the Plaintiff and C, the period and degree of fraudulent act committed by the Defendant and C, and the impact on the marital life, etc.