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(영문) 의정부지방법원고양지원 2019.10.31 2019가단85382

손해배상(기)

Text

1. The Defendant’s KRW 2 million to the Plaintiff and the Plaintiff’s annual rate from July 16, 2019 to October 31, 2019, and the following.

Reasons

1. On March 18, 1997, the Plaintiff has two children, married with C (B) on March 18, 1997.

Around March 2014, the Defendant acquired an area managed by C as a learning site teacher by a workplace partner C, and continued to maintain an inappropriate relationship even after C’s establishment of the workplace, and had sexual intercourses around September of the same year. From time to time until October 2018, the Defendant sent and received liaison by telephone or text message, as well as continued misconduct, such as having sexual intercourses for at least one month.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. The act, in principle, committed by a third party who causes damage to a spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse and causing mental pain to the spouse; and

(See Supreme Court en banc Decision 201Meu2997 Decided January 2, 201). According to the above facts, the Defendant’s act of misconduct with C, thereby endangering the Plaintiff’s and C’s marital life, infringing upon the Plaintiff’s spouse’s right as his/her spouse, and thereby infringing on the Plaintiff’s right as his/her spouse, is obvious in light of the empirical rule that the Plaintiff suffered emotional distress.

3. The amount of consolation money that the Defendant is liable to compensate for to the Plaintiff shall be KRW 20 million in consideration of the following circumstances revealed in the pleadings of the instant case: (a) the scope of the liability for damages; (b) the degree and period of the Defendant’s wrongful act; (c) the background leading up to the Defendant’s wrongful act with C and C; (d) the period and degree of stability of marriage between the Plaintiff and C;

The defendant is the plaintiff's 20 million won and a copy of the complaint as claimed by the plaintiff after the date of the illegal act.