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(영문) 수원지방법원 2017.11.08 2017가단520570
위자료
Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from June 24, 2017 to November 8, 2017.

Reasons

1. Evidence 【Evidence】1-1 through 4, A2-1 through 4, A3-1 through 5, A4-1 through 5, A6-1, 2, and witness C’s testimony and the purport of the whole pleadings;

A. On March 23, 2011, the Plaintiff completed the marriage report with C.

There is no child between the plaintiff and C.

B. C was in alliance with another male around June 2015.

C. C became aware of the Defendant through D around the middle of August 2015.

C was operating the musical studio as “E”, and the Defendant, who found the musical studio in C’s operation, was able to see music and divide C with “E” through comments on comments.

C A around October 2015, around the first time the defendant was living in the defendant and Ansan.

C did not talk to the Defendant that the Defendant has a spouse, and it was said that he operated a branch with his father in the ceiling and operated it together with his father.

E. Around the beginning of June 2016, the Plaintiff discovered C’s mobile phone pictures stamped with the Defendant and sexually related video pictures taken on May 8, 2016.

F. C uses depression and water surface disorders.

2. Existence and scope of damage claim

A. 1) The Plaintiff’s assertion 1) The Defendant committed an unlawful act, such as having sexual intercourse with C, even though he/she was aware that he/she is a spouse of C, and was aware of the fact that the Plaintiff was suffering from mental suffering in light of the empirical rule that the Plaintiff was unable to maintain a normal matrimonial relationship with C due to such an act by the Defendant, and thus, the Defendant should have expressed that he/she was suffering from mental suffering. 2) The Defendant, in response to the Defendant’s allegation that he/she first made a telephone call with C on October 2015, the Defendant was her wife and his/her two wife, but C did not talk about his/her spouse, but C was aware of his/her husband’s divorce after hearing that he/she was divorced from C on December 30, 2015. However, the Defendant received a message from the Plaintiff around September 2016 and received it from C.

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