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(영문) 서울동부지방법원 2018.08.23 2017가단140375

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the Plaintiff’s annual rate from November 23, 2017 to August 23, 2018, and the following.

Reasons

1. Facts of recognition;

A. The Plaintiff (1979) is the legal couple who completed the marriage report with C on June 5, 2017.

B. From September 13, 2017 to October 20, 2017, the Defendant (1994) employed a company with C, thereby having become aware of C as a workplace employee, and even after being aware of C’s remaining father, the Defendant maintained the inhumanity relationship including three sexual intercourses from September 13, 2017 to October 20, 2017.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7, the purport of the whole pleadings

2. Determination:

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s right as a spouse, thereby causing mental pain to the spouse constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above acknowledged facts, according to the above acknowledged facts, the Defendant, even though he was aware of a marital relationship with the Plaintiff, infringed on or obstructed the Plaintiff’s communal life by committing unlawful act with C, thereby infringing on the Plaintiff’s right as the spouse, thereby causing mental pain to the Plaintiff. Therefore, the Defendant is liable for compensation for mental distress inflicted on the Plaintiff.

B. In a case where the scope of damages was a fraudulent act, the amount of consolation money that the Defendant shall pay to the Plaintiff shall be KRW 10,000,000, considering the various circumstances shown in the pleadings of the instant case, such as the content, period, and degree of the fraudulent act, the marriage period and family relationship between the Plaintiff and C, the Defendant’s attitude after the fraudulent act was discovered, the impact of the Defendant’s fraudulent act on the Plaintiff’s marital life, and the original and the Defendant’

C. Accordingly, according to the theory of litigation, the Defendant is liable to perform the obligation of the Defendant from November 23, 2017, following the delivery date of the copy of the complaint of this case, as sought by the Plaintiff, as the Plaintiff was paid consolation money of KRW 10,00,000 to the Plaintiff after the date of tort.