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(영문) 서울서부지방법원 2020.08.21 2019가단230052
손해배상(기)
Text

The defendant's KRW 7,00,000 for the plaintiff and 5% per annum from July 25, 2019 to August 21, 2020.

Reasons

1. Basic facts

A. Nonparty C (hereinafter “Nonindicted Party C”) is a Japanese person who filed a marriage report with the Plaintiff on November 22, 2011.

B. Around March 29, 2019, the Defendant had a foreign-friendly app with a foreign-friendly person do fishing with the Nonparty and Japan.

From the first hosting, the Non-Party’s speech was premised on the Non-Party’s spouse’s, and on March 30, 2019, the following day, the Non-Party made a statement about the marriage circumstances, etc. with the Plaintiff, and it was known that the Defendant was the Non-Party’s spouse.

C. On April 8, 2019, the Defendant: (a) after the first arrival of the Nonparty in a restaurant located in Seoul-ro, Seoul-ro, the same year;

4.17.17. The same year.

5.5.For the same year;

5. 10, and the same year.

6. 6. The same year.

6. On July 20, 2019, 15.15. Around July 20, 2019, in a restaurant or a car page, the Nonparty divided the above apps or made telephone calls before all exchanges with the Nonparty are cut off.

[Ground of recognition] Facts without dispute, Gap evidence 1, 4, 5, Eul evidence 1, non-party witness's testimony, the purport of the whole pleadings

2. The parties' assertion

A. The Plaintiff’s assertion that the Defendant committed an unlawful act in relation to the Plaintiff, who was the Nonparty’s spouse, by being aware that the Nonparty was the Nonparty’s spouse, from March 29, 2019 to July 2019, by either holding the Nonparty with or holding the Nonparty’s sexual intercourse, and doing so. Therefore, the Defendant is obligated to compensate the Plaintiff for the amount claimed as consolation money for emotional distress.

B. The defendant's assertion was exchanged with the non-party for the purpose of cultivating Japanese language, and during that process, the defendant only has friendship with the non-party and did not have a sex relationship with the non-party.

The exchanges and friendship between the defendant and the non-party were known to the defendant's matrimonial engagement and friendship, and the contents of the plaintiff's assertion are based on simple editing and distorted dialogues between the defendant and the non-party.

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