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(영문) 창원지방법원 2013.11.27 2013가단13972
위자료
Text

1. The plaintiff's claim is dismissed.

2. The costs of lawsuit shall be borne by the Plaintiff.

Reasons

1. The plaintiff and C are married couple who completed the marriage report on July 4, 1995.

The plaintiff has resided in the city of Changwon continuously, and since August 2005, C has started to operate the D cafeteria at the city of macroscopic, it has been in the weekend as the weekend from August 2005 to now.

From October 2005, the defendant operated a cafeteria from 2005 to 2006.

[Ground of recognition] A without dispute, entry of evidence No. 1, purport of the whole pleadings

2. The assertion and judgment

A. The plaintiff's assertion from around 2005 to the defendant was in in in a bad faith relationship with C, and the plaintiff suffered a considerable mental suffering, such as suffering from a threat of marital life, and thus, the defendant is liable to pay consolation money of KRW 30 million and delay damages to the plaintiff.

B. Determination 1) In full view of the following facts: Gap evidence Nos. 2 through 6 (including paper numbers) and the fact finding about the Estecom Co., Ltd. of this court; the results of the meetings of this court to submit financial transaction information to Gyeongnam Bank and National Bank Co., Ltd. on several occasions from January 2005 to July 201, 201: C remitted money to the defendant several times; C and the defendant made telephone conversations or exchanged text messages on almost every day after August 1, 2012; C settled the Defendant’s hospital expenses, beauty expenses, etc. with their own credit cards; C purchased goods or cafeteria at a place other than a place of business or residence; and used accommodation facilities; on the other hand, comprehensively taking account of each of the above evidence, the money transaction between C and the defendant was primarily prepared and operated by the defendant for the business of D; and on the other hand, from around 2005 to 300,000,000 won of money transferred to the defendant from 1.36.15,2005.

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