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(영문) 서울중앙지방법원 2017.01.12 2016가단5170142

손해배상(이혼)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 21, 2015 to January 12, 2017.

Reasons

1. The facts following the facts of recognition do not conflict between the parties or may be acknowledged by adding the whole purport of the pleadings to each entry in Gap evidence Nos. 1, 2, 5, and Eul evidence No. 1-5.

The Plaintiff and Nonparty C are married couple who completed the marriage report on April 19, 2012, and they have two children who were born in April 2012 and October 2014.

B. From November 2014 to May 2015, the Defendant: (a) had a sexual intercourse with C who works at the same workplace from November 2014 to May 201; and (b) had been pregnant to undergo a heavy surgery.

C. On June 22, 2015, the Defendant sent to the Plaintiff the information that was in the above-mentioned relationship with C through Kakakaox, and sent the Kakakao Stockholm file exchanged with C during the teaching period.

On March 18, 2016, the Plaintiff filed an application for confirmation of intention to divorce with the Ji Government District Court 2016 Dao600, and subsequently maintained a matrimonial relationship with C.

2. A third party in a board shall not interfere with a marital life falling under the nature of marriage, such as intervention in a marital life of another person and causing a failure of the marital life;

In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant knowingly committed a fraudulent act with C while being aware of the existence of a spouse, thereby infringing upon the Plaintiff and C’s community life, which constitutes the essence of marriage, and interfering with the maintenance thereof.

As such, since it is obvious in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to pay for the mental suffering suffered by the plaintiff in money.

Furthermore, the amount of consolation money that the defendant must pay is the amount.