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(영문) 수원지방법원 2015.07.14 2014가단526270

손해배상(기)

Text

1. The Defendant’s KRW 7,00,000 as well as the Plaintiff’s annual rate of 5% from July 25, 2014 to July 14, 2015.

Reasons

1. Facts of recognition;

A. On April 16, 2007, the Plaintiff reported the marriage with C.

B. Around 2012, C entered into an illegal relationship with the Defendant, and prepared a letter to the Plaintiff that the Plaintiff would not have any unlawful relationship again, and the Defendant promised not to have any unlawful relationship with C with C.

C. C, around July 2014, committed an illegal relationship with the Defendant again, and, after pointing this fact to the Plaintiff, committed suicide by smoking gas from the Plaintiff on July 25, 2014.

Grounds for recognition: A1-6, and the whole purport of the pleading

2. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant inflicted mental pain on the Plaintiff by committing an unlawful act with C, the husband of the Plaintiff.

Therefore, the plaintiff has a duty to care for mental suffering suffered by the plaintiff in money.

The amount of consolation money shall be determined in KRW 7,00,00,00 in consideration of various circumstances shown in the argument of the case, such as the marriage period of the plaintiff and C.

Therefore, the defendant is obligated to pay to the plaintiff 7,00,000 won and damages for delay calculated at the rate of 5% per annum as stipulated in the Civil Act from July 25, 2014 to July 14, 2015, which is the date of this decision, and 20% per annum as stipulated in the Act on Special Cases concerning Expedition, etc. of Legal Proceedings from the following day to the date of full payment.

3. Conclusion.