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(영문) 서울서부지방법원 2017.09.15 2016가단250086

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from October 26, 2016 to September 15, 2017.

Reasons

1. Facts of recognition;

A. On April 26, 1990, the Plaintiff married with her husband C and has two women under the chain.

B. On October 2014, C came to know of the Defendant at a senior-friendly group of Korea, and continued unlawful acts, such as continuously sending and receiving contact with the Defendant from around that time.

[Ground of recognition] Unsatisfy, Gap evidence 1, 2 (including branch numbers), Gap evidence 5 to 13, Eul witness C's testimony, the whole purport of the pleading

2. Determination on the cause of the claim

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014, etc.). According to the aforementioned facts, the Defendant’s act of committing an unlawful act, including the Plaintiff’s spouse C, constitutes an unlawful act detrimental to the peace of home against the Plaintiff by itself, which constitutes a tort against the Plaintiff. As such, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress, and thus, the Defendant is obliged to pay the Plaintiff money or money.

B. Furthermore, the amount of consolation money to be paid by the defendant shall be determined at KRW 15 million, considering the health team, the marriage period between the plaintiff and C, the contents and duration of the misconduct committed by the defendant and C, and the influence of the misconduct on the plaintiff's family relationship.

Therefore, the Defendant, as a result, paid consolation money of KRW 15 million to the Plaintiff from October 26, 2016 to September 15, 2017, which is the day following the delivery date of the complaint of this case sought by the Plaintiff, as the date of the tort of this case, shall be 5% per annum under the Civil Act and shall be repaid from the following day.