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(영문) 서울중앙지방법원 2018.05.04 2017가단5142434

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from September 9, 2017 to May 4, 2018 and the next day.

Reasons

1. Basic facts

A. The Plaintiff is a legal spouse who completed the marriage report with C on May 2, 2008.

B. From October 2016, the Defendant: (a) knew that C, a workplace partner, had his spouse and children, and attempted to go to the telecom with the Defendant while going to the telecom; and (b) committed an unlawful act, such as sending the Defendant a photograph of presenting his clothes to the Defendant.

[Ground of recognition] Each entry of Gap evidence 1 to 11 (including branch numbers) and the purport of the whole pleading

2. The defendant's liability for damages is, in principle, a tort committed by a third party's act of infringing on a couple's community life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, which constitutes a tort. According to the above facts of recognition, the defendant is obviously in light of the rule of experience that the defendant suffered considerable mental suffering due to the infringement on a couple's community life with C by committing an unlawful act such as knowing that C has a child by marriage and doing so with the awareness of the fact that C has a child, and allowing entry into the cartel, etc.

Furthermore, with regard to the amount of consolation money, it is reasonable to determine consolation money as KRW 15 million in consideration of the various circumstances shown in the arguments of this case, such as the following: (a) the Plaintiff and C’s marriage period, the details of misconduct, and the Defendant’s no longer continue to maintain the relationship with C; and (b) the amount is against C.

Therefore, the Defendant calculated as consolation money at the rate of 5% per annum as stipulated in the Civil Act from September 9, 2017 to May 4, 2018, the sentencing date of this case, which is the day following the delivery date of a copy of a complaint to the Plaintiff, and 15% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the following day to the day of complete payment.