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(영문) 대구지방법원 김천지원 2018.12.18 2018가단32612
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. Basic facts

A. The Plaintiff completed the marriage report with C on December 2, 2010.

B. Around February 27, 2018, the Defendant came to know C at a meeting of the branch figures, provided meals several times, and was accompanied by C on April 6, 2018 when he/she was traveling to Busan.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. Determination

A. The plaintiff asserts that the defendant, on April 6, 2018, committed an unlawful act, such as the defendant's act of sexual intercourse with C and Busan business trip, and thus, the defendant should pay consolation money to the plaintiff. Accordingly, the defendant provided meals to C and C several times, and the defendant was accompanied by Busan business trip and did not commit an unlawful act.

B. In light of the following, it is difficult to believe that C’s testimony of the witness C, which seems consistent with the Plaintiff’s assertion, maintains the relationship between the Plaintiff and his spouse, and gives testimony without taking an oath, etc. The evidence alone submitted by the Plaintiff is insufficient to recognize that C had committed a fraudulent act beyond the relationship between the Defendant and C, and there is no other evidence to acknowledge a fraudulent act between the Defendant and C.

3. Accordingly, the plaintiff's claim of this case is dismissed as there is no reasonable ground.

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