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(영문) 의정부지방법원 고양지원 2021.01.14 2020가단89977

손해배상(기)

Text

The defendant is 15,00,000 won to the plaintiff and 5% per annum from December 31, 2019 to January 14, 2021.

Reasons

1. Facts of recognition;

A. The Plaintiff is a spouse under law who completed the marriage report with C on October 25, 2007.

B. From December 2018, the Defendant knowingly committed unlawful acts, such as sexual intercourse, with C being aware that C had left Korea.

[Ground of recognition] Unsatisfy, Gap evidence Nos. 1 through 7 (including each number, if any) and the purport of the whole pleadings

2. Determination

A. A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of a third party and causing failure of a couple’s communal living. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, and a third party shall not interfere with a couple’s communal living falling under the essence of marriage by infringing on or interfere with a couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple and his/her spouse, and thereby infringing on his/her right as the spouse’s spouse, thereby causing mental pain to the spouse, in principle, constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201). (b) According to the above facts of recognition, C is a person who has a spouse and the defendant is aware that he/she is his/her spouse, even if having knowledge that he/she is his/her spouse, thereby infringing on the Plaintiff’s right as a spouse.

(c)

B. It is reasonable to determine the amount of consolation money as KRW 15 million in consideration of the health team, the marriage period of the Plaintiff and C, the family relationship, the period in which the relationship with the non-wheeled family continues, and all other circumstances revealed in the arguments of this case, as to the amount of consolation money that the Defendant is liable for.

(d)

Therefore, the defendant raised an objection as to the existence and scope of the obligation from December 31, 2019, which was the day immediately following the date of transmitting a copy of the complaint of this case filed by the plaintiff, to the plaintiff as to KRW 15 million.