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(영문) 수원지방법원 2018.07.05 2018가단510136

손해배상(기)

Text

1. The Defendant amounting to KRW 10 million to the Plaintiff and the Plaintiff’s annual rate of 5% from April 7, 2018 to July 5, 2018.

Reasons

1. Facts of recognition;

A. The plaintiff and C were married on April 18, 2005, and there was no child between two persons.

나. 피고와 C은 여러 차례에 걸쳐 “사랑해,” “나두 사랑해,” “굿나잇~ 애 없는 유부남씨,” “B 가슴 또 생각나. 쪼물쪼물 쿨쿨하고 시퍼~ ㅋ” 등 다정한 연인 관계를 암시하는 내용의 카카오톡 메시지를 주고받았다.

C. The defendant has a face of sending his body after photographing his body with his body. D.

The defendant

(b) and (c);

During the action, C was aware of the fact that it is the father-Nam.

E. After becoming aware of C’s wrongful act, the Plaintiff was treated with a mental disability as “emergency stress disability.”

[Ground of recognition] Facts without dispute, entry of Gap evidence Nos. 1 through 8 (including branch numbers in case of additional number), the purport of the whole pleadings

2. Determination:

A. A third party shall not interfere with a married couple’s community life falling under the essence of marriage, such as interfering with a couple’s community life by causing a failure of a couple’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, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

In light of the above legal principles, according to the above recognition, the defendant had been aware of the fact that he had a spouse to C and continued to establish a Buddhist relationship with C. Since it is apparent in light of the empirical rule that the plaintiff suffered mental pain due to the above defendant's tort, the defendant is obliged to pay consolation money in an appropriate amount to the plaintiff.

C. Furthermore, regarding the amount of consolation money, the period of marriage between the Plaintiff and C, the period when the Defendant committed an unlawful act with C, and