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(영문) 대전지방법원논산지원 2017.04.06 2016가단21813
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from October 5, 2016 to April 6, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff of the parties, etc. and C are legally married couple who completed the marriage report on February 29, 1996, and have one male and female under the chain.

Defendant and D were legally married couple who completed the marriage report on September 5, 2001, and have children under the chain.

B. The Defendant’s wrongful act with the Defendant was in contact with C from February 2, 2015 to April 2016, and was in contact with C, and during that process, the Defendant gave the Defendant the amount of money, and was in a sexual intercourse.

Around August 28, 2015, the Defendant prepared a letter of intent to be faithful to the family without being out of the future to D, but maintained the relationship through the method of changing C's mobile phone numbers.

C. 1) On October 13, 2015, Cheongju District Court 2015da4611, Cheongju District Court 2015, D’s claim for damages against D’s damages filed a lawsuit for damages on the ground that the marriage relationship between C and the Defendant has occurred due to the unlawful act by C and the Defendant. On December 7, 2016, Cheongju District Court sentenced D to “C shall pay D KRW 20 million and its delay damages,” and the said judgment became final and conclusive as it becomes final and conclusive. 2) On May 4, 2016, Cheongju District Court 2016Da17566 filed a lawsuit for divorce, etc. against D’s Defendant.

On November 23, 2016, the conciliation was concluded that “D and the defendant shall be divorced.”

[Ground of recognition] Facts without dispute, entry of Gap 1 through 10 evidence (including each number), the purport of the whole pleadings

2. The parties' assertion

A. The gist of the Plaintiff’s assertion was well known to C that the Defendant had a spouse, and, due to such unlawful act, the Plaintiff and C’s marriage led to the failure of the marriage.

This constitutes a tort under the Civil Act, and the defendant is obliged to pay consolation money of 50 million won and damages for delay to the plaintiff.

B. The defendant's summary of the defendant's assertion is C.

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