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(영문) 광주지방법원 2019.05.17 2018가단532654

손해배상(기)

Text

1. The Defendant’s KRW 10 million to the Plaintiff and the Plaintiff’s 5% per annum from November 24, 2018 to May 17, 2019.

Reasons

1. Facts of recognition;

A. The Plaintiff and C are legally married couple who completed the marriage report on March 21, 2011.

B. While the Defendant and C were working for the same team in the D Gwangju Factory, they sent communication frequently from the end of November 2017 to the end of March 2018, the Defendant and C had an individual South Korea, such as those who provided meals or diving after leaving the factory.

[Grounds for Recognition] Unsatisfy, entry of Gap evidence 1 and 2 (including each number), the purport of the whole pleadings

2. Determination as to the cause of action

A. In principle, an act of a third party who compensates for damages caused by a fraudulent act, thereby infringing on or impeding a couple's communal life falling under the essence of marriage and infringing on a spouse's right as the spouse, thereby causing mental suffering to the spouse, constitutes a tort.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant committed an unlawful act with C, thereby infringing on or maintaining the common life of both the Plaintiff and C, and committing a tort infringing on the Plaintiff’s rights, and thereby causing emotional distress to the Plaintiff is obvious in light of the empirical rule. As such, the Defendant is obliged to pay monetary compensation or injury inflicted on the Plaintiff due to such unlawful act.

Furthermore, with respect to the amount of consolation money, the amount of consolation money shall be determined as KRW 10 million by comprehensively taking into account all the circumstances shown in the pleadings of the instant case, such as health team, the period of marriage between the Plaintiff and C, the details and duration of the unlawful act committed by the Defendant and C, and the influence of the Defendant’s unlawful act on the marriage

Therefore, the Defendant’s KRW 10 million and the Plaintiff’s service date of a copy of the instant complaint is 5% per annum under the Civil Act from November 24, 2018 to May 17, 2019, which is the date of the instant judgment, and 15% per annum under the Act on Special Cases Concerning the Promotion, etc. of Legal Proceedings from the following day to the date of full payment.