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(영문) 수원지방법원성남지원 2017.05.24 2016가단228344
손해배상(기)
Text

1. The plaintiff's claim is dismissed.

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

Reasons

1. The gist of the Plaintiff’s assertion is that, while knowing that C is in a marital relationship with the Plaintiff, the Defendant committed unlawful acts, such as contact from around October 2013 to receive gifts or receiving money from C, thereby causing failure in the marital life between the Plaintiff and C, and the Plaintiff suffered mental suffering. Therefore, the Defendant is obligated to pay the Plaintiff damages, such as the written claim, as stated in the purport of the claim.

2. Determination

A. The act of infringing a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof, and infringing a spouse's right as the spouse and causing mental pain to the spouse, in principle, constitutes tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014).B.

According to Gap evidence No. 2, Gap evidence No. 3, Gap evidence No. 5, and Eul evidence No. 8, it is acknowledged that Eul purchased online cosmetics equivalent to KRW 198,550 for the defendant around October 2013 and delivered the above cosmetics to the defendant; the defendant demanded Eul to pay money to the defendant and exchanged the Kakao Kakao Stockholm conversation with the defendant "the defendant from the e-mail"; the defendant sent the e-mails sent money to C on November 5, 2013; the e-mails was deleted from the denied test; however, it is not sufficient to acknowledge that the above facts and the remaining evidence submitted by the plaintiff committed unlawful acts between the plaintiff and C, thereby infringing on the couple's communal life falling under the essence of marriage between the plaintiff and C; and there is no other evidence to prove otherwise.

3. In conclusion, the plaintiff's claim is dismissed as it is without merit. It is so decided as per Disposition.

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