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(영문) 창원지방법원진주지원 2016.12.06 2016가단32441
손해배상(기)
Text

1. All of the plaintiff's claims are dismissed.

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

Reasons

1. Basic facts

A. On April 30, 1998, the Plaintiff is a legal couple who reported marriage with Nonparty D, and the Defendants are also legal couples.

B. Around 2010, Defendant D and Defendant B came to know each other as they used Defendant B’s skin management room. In this regard, Defendant B, who caused friendly relationship, provided meals or performed alcohol in addition to using Defendant B’s skin management room on a regular basis.

C. On December 2014, the Plaintiff became aware of the existence of Defendant B, and on December 8, 2014, upon finding Defendant B, the Plaintiff received a letter stating that “I will not communicate or contact with D on or after December 8, 2014. If the contact or contact is dismissed, I will pay KRW 0 million as consolation money at the time of the arrival of the contact or contact. I will pay KRW 10 million with the said document. I will implement the said document without falsity (hereinafter “each letter of this case”).”

【Ground of recognition】 The fact that there has been no dispute, each entry of Gap Nos. 1, 2, and 9, witness D’s testimony, and the purport of the whole pleadings

2. The plaintiff's assertion and judgment

A. The Plaintiff’s assertion that Defendant B suffered mental pain by entering into a non-dispact relationship with D from around 2010 to February 2016 with the knowledge that D was the legal spouse, and committing an unlawful act. Defendant C was aware of the spouse’s unlawful act with Defendant B’s husband while Defendant C neglected it, which constitutes a tort against the Plaintiff, and the Defendants are jointly liable to compensate for damages amounting to KRW 30,000,000 and delay damages therefrom.

In addition, Defendant B should pay the agreed amount of KRW 10,000,000 based on the written agreement of this case and the delay damages therefor.

B. According to the grounds for the above recognition as to Defendant B, the written evidence Nos. 10, 11, 12, 16, and 17, and the purport of the witness D’s testimony and pleading, Defendant B shall be the skin management office of Defendant D.

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