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(영문) 서울중앙지방법원 2018.11.14 2018가단5112218

손해배상(기)

Text

1. The Defendant’s KRW 12,00,000 as well as 5% per annum from June 1, 2018 to November 14, 2018 to the Plaintiff.

Reasons

1. Basic facts

A. The Plaintiff is a legally married couple who completed the marriage report on February 14, 2013, after Nonparty C and Nonparty C’s pathy for about five years.

B. From July 2017, the Defendant entered into a sexual intercourse with C several times, and subsequently, came to know that C was a spouse upon contact with the Plaintiff on February 4, 2018.

C. Nevertheless, the Defendant committed multiple fraudulent acts, such as having sexual intercourse C on March 17, 2018, which was later later.

【Fact-finding without dispute over the basis of recognition, Gap 1 through 11, Eul 1's entries and videos, and the purport of the whole pleadings

2. An act of a third party making a judgment on a claim, thereby infringing on or interfering with a common life of the married couple falling under the essence of marriage and infringing on the right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts, the defendant committed an illegal act even though he/she is a spouse of C. Barring any special circumstance, the defendant's act constitutes an infringement of the plaintiff's marital relationship or interfere with the maintenance thereof. Thus, the defendant has a duty to pay mental suffering suffered by the plaintiff in money.

With respect to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be 12,00,000 won, comprehensively taking into account the various circumstances shown in the pleadings of the instant case, such as health class, the content and degree of the commission of the Defendant and C, the motive leading up to the commission of the act, the marriage period and family relationship of the Plaintiff and C,

Although the tort of this case was committed jointly by the defendant and C, in view of the seriousness of the responsibility, C does not notify the defendant of the fact that he is the father of the defendant at all.