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(영문) 대전지방법원서산지원 2019.01.09 2018가단52964
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. On March 18, 1989, the Plaintiff reported a marriage with C on March 18, 1989, and has two children under his/her control while maintaining a legal matrimonial relationship.

B. The Plaintiff filed a lawsuit seeking damages against the Defendant on the ground that the Defendant committed an unlawful act with C (Seoul District Court Seosan Branch 2017Kadan53861 (hereinafter “related case”), and on January 10, 2018, on February 22, 2018, the Plaintiff rendered a partial favorable judgment of the Plaintiff that “the Defendant would pay to the Plaintiff KRW 10 million and delay damages therefrom,” and the said judgment was finalized on March 13, 2018.

[Ground of recognition] The entry of Gap evidence No. 1 and the purport of the whole argument

2. Plaintiff’s assertion and judgment

A. Even after the closing of argument in the relevant case, the Defendant alleged that he/she committed an unlawful act, such as administering C in the telecom with C on April 19, 2018.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by the tort.

B. The reasoning of the judgment below is insufficient to acknowledge that the Defendant committed a wrongful act that infringes on the Plaintiff’s community life or interferes with the maintenance of the Plaintiff’s maintenance after the closing of argument in the relevant case with C, which is the Plaintiff’s spouse, and there is no other evidence to acknowledge otherwise.

Therefore, we cannot accept the plaintiff's above argument.

3. If so, the plaintiff's claim of this case is dismissed as it is without merit. It is so decided as per Disposition.

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