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(영문) 수원지방법원 2016.08.25 2015가단146817

손해배상(기)

Text

1. The Defendant’s KRW 20,000,000 as well as the annual rate of KRW 5% from January 23, 2016 to August 25, 2016 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on February 7, 2000, and have 1 South Korea under the chain.

B. On April 2015, the Defendant started teaching system, such as having a universal intercourse or sexual intercourse at the age club with C and the Defendant.

C. On November 26, 2015, the Plaintiff came to know of the fact that C is teaching with the Defendant, and thereafter, the Plaintiff made an objection to the Defendant on November 26, 2015, but even thereafter, the Defendant continued to make a continuous call with C by May 1, 2016, and continued to receive KRW 20,000,000 from C on May 27, 2016.

[Ground of recognition] Facts without dispute, entries in Gap evidence 1 to 12, and the purport of the whole voice, image, and pleading

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

As to the amount of consolation money, it is reasonable to determine consolation money as KRW 20,000,00 in consideration of the various circumstances shown in the arguments, as follows: (a) the extent and period of the act committed by the defendant and C, the marriage period and family relationship between the plaintiff and C; (b) the effect of the defendant's unlawful act on the plaintiff's marital relationship; and (c) the defendant has continued to maintain C and C continuously even after the discovery of the act committed with respect to

Therefore, the defendant shall pay consolation money to the plaintiff KRW 20,000,000 and a copy of the complaint of this case.