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(영문) 서울동부지방법원 2020.03.05 2019가단133760

손해배상(기)

Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 5, 2019 to March 5, 2020.

Reasons

1. Basic facts

A. On June 26, 2006, the Plaintiff has two children as the legal couple who completed the marriage report on June 26, 2006.

B. The Defendant came to know of the business relationship with C and the workplace, and maintained the illegitimate relationship after having sexual intercourse at the drinking place around January 2019.

C. From January 2, 2019 to the date of the Plaintiff on July 2, 2019, the Defendant is starting from January 2, 2019 to the date to the date of inappropriate relations, including the sexual intercourse with C, and the Defendant is not to communicate or not to communicate with the Plaintiff.

'' has prepared and drawn up a letter containing the contents.

[Ground of recognition] Facts without dispute, entries and images of Gap evidence 1 to 10 (including additional numbers) and the purport of the whole pleadings

2. Determination

(a) A third party who has a liability for damages shall not interfere with a married couple's community life falling under the nature of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the aforementioned facts, the defendant committed an unlawful act even though he/she is a spouse of C. Since the defendant's act is deemed to infringe upon the plaintiff's marital relationship or interfere with the maintenance thereof, the defendant is obliged to give monetary compensation for mental suffering suffered by the plaintiff.

B. As to the scope of liability for damages and the amount of consolation money, the Defendant comprehensively takes into account various circumstances shown in the pleadings of the instant case, such as health group, the content, degree and period of fraudulent act between the Defendant and C, the period of marriage and family relationship between the Plaintiff and C, and the impact of the Defendant’s fraudulent act on the Plaintiff