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(영문) 대전지방법원 천안지원 2018.11.07 2017가단12161
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 are between C and the Plaintiff around June 2012, namely, E company in Dong-gu, Nam-gu, Dong-gu, Dong-gu, Seoul and maintained de facto marital relations.

[Reasons for Recognition] Evidence A 1-3, Evidence A-2, the purport of the whole pleadings

2. The gist of the Plaintiff’s assertion (i) around May 2017, the Defendant, along with C, engaged in a mountain run at the F Mountain Association from time to time, and maintained a Buddhist relationship, such as communicating at the latest by night. On November 11, 2017, the Defendant committed an unlawful act against the Plaintiff.

She accordingly, the defendant is obligated to pay to the plaintiff the amount equivalent to the claim amount as consolation money.

3. The fact that the Defendant met and became aware of C at the F Mountain Conference around May 2017 is the person who provided meals several times.

However, as to whether the Defendant committed an unlawful act against the Plaintiff on November 11, 2017, the lower court did not have any evidence to support the above facts in light of all the descriptions of Gap evidence Nos. 3 and 6 (including each number) submitted by the Plaintiff.

In addition, even if the defendant dices alcohol to C and late on the above day, the defendant dices alcohol.

Even if or due to the fact that C was late entering the house, it is not sufficient to recognize that C committed an unlawful act against the plaintiff only, and the above evidence alone is insufficient to recognize that C was a woman in a de facto marital relationship with the plaintiff and there is no other evidence.

Therefore, the plaintiff's above assertion is without merit.

4. The plaintiff's claim for conclusion is without merit and it is so decided as per Disposition.

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