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(영문) 광주지방법원 순천지원 2018.05.08 2017가단79179

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from December 27, 2016 to May 8, 2018.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on December 26, 2014, and have two children under the chain.

B. On March 6, 2016, the Defendant: (a) was a person working in C’s business partners; and (b) was frequently exchanged after having a sexual intercourse and maintained an illegal relationship after having a sexual intercourse.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination on the cause of the claim

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse, constitutes a tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). The term “unlawful act” in this context refers to a broad concept that includes adulterys and does not reach common sense, but includes any unlawful act that does not conform to the husband’s duty of good faith, and whether it constitutes an unlawful act shall be evaluated in consideration of the degree and circumstances of the specific case (see Supreme Court Decisions 88Meu7, May 24, 198; 92Meu68, Nov. 10, 1992). According to the above recognized facts, according to the defendant’s awareness that the spouse was a person who has a spouse, thereby infringing on the spouse’s mental suffering or suffered from the Defendant’s mental suffering, barring any special circumstance, the defendant has a mental suffering.

B. Furthermore, the amount of consolation money is KRW 10,000,000 in full view of all the circumstances revealed in the proceedings of the pleadings of this case, such as health team, the period of marital life of the Plaintiff and C, the details and duration of the Defendant’s misconduct, and the Defendant’s attitude.