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(영문) 대전지방법원 2018.08.08 2018가단208366
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as 5% per annum from April 25, 2018 to August 8, 2018 to the Plaintiff.

Reasons

In full view of the reasoning of the argument as to the cause of the claim No. 1 and No. 6, the plaintiff married with C on April 25, 1996 and lived with C, and the defendant served as assistant at the real estate brokerage office operated by C on or around 2015, and committed an unlawful act, such as the plaintiff's c's c's 's 's 's 's 's 's 's 's 's 's 's 's 's ''' at the defendant's home, and filed a lawsuit claiming the payment of consolation money against the defendant on December 20, 2017 against the defendant on or around December 20, 2017. However, the defendant did not arrange the illegal relation with C, and the defendant was found to have a sexual relation with C's 's 's 's 's 's 's 's 's 's ', and the plaintiff had no 's 's 's 's '.

On the other hand, in relation to the above facts, the defendant asserted that Gap evidence No. 3 is inadmissible as evidence for collection of illegality. However, unlike the Criminal Procedure Act, the Civil Procedure Act does not have a provision that restricts the formal admissibility of evidence, and there is no special provision that the photographs taken or acquired without the consent of the parties shall not be used as evidence for civil procedure, and there is no evidence that Gap evidence No. 3 is taken or acquired in an unlawful way, so the defendant's argument cannot be accepted.

According to the above facts, even after the date of the closing of argument in the case No. 2016Gab227479, the defendant committed an unlawful act, such as sexual intercourse, etc., and it is recognized that the plaintiff suffered mental suffering. Thus, the defendant is obligated to avoid mental harm of the plaintiff in money or the plaintiff.

The degree of the defendant's and C's misconduct;

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