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(영문) 서울북부지방법원 2015.11.25 2015가단101068

손해배상(기)

Text

1. The Defendant’s KRW 14,00,000 for the Plaintiff and 5% per annum from January 24, 2015 to November 25, 2015.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who completed the marriage report on November 8, 2005, and are living together with the minor father and wife and C's parents.

B. Around 2011, the Defendant became aware of the Plaintiff and C while entering a driving range in Nowon-gu, Seoul Special Metropolitan City.

C. After that, C and the Defendant, together with golf, have come to close with each other while making a drinking place. From September 2012 to November 2014, around twice a month from September 2012 to around November 2014, maintained an illegal relationship.

C around November 2013, the Defendant (hereinafter “C”) sold Burri Libera as gift around November 2014, and around November 2014, the Defendant purchased golf bonds with C around June 2014, and 1.5 million won.

In 2014, the defendant went to Busan with her husband, but her husband first returned to Seoul, and she was accommodated in the her motherel.

E. The Plaintiff is in a state of not filing a divorce lawsuit against C or an agreement for divorce.

【Ground for Recognition: Facts without dispute, Gap 1-3 evidence, the result of the defendant's questioning, the witness C's testimony, and the purport of the whole pleadings】

2. Determination

A. According to the facts found in the establishment of the liability for damages, the defendant formed a non-contestial relationship with C even though he was aware that the plaintiff, who is a legal spouse, was the plaintiff, and continued to do so for not less than two years. Since it is obvious in light of the empirical rule that the plaintiff was suffering from considerable mental suffering due to such unlawful act, the defendant is obliged to pay the plaintiff mental suffering suffered by the plaintiff in money.

B. Furthermore, in full view of various circumstances revealed in the pleadings of the instant case, including the scope of damages and the Defendant’s act of fraud committed by the Defendant and C, the content, degree, period, and the period of married life and family relationship between the Plaintiff and C, and the Defendant’s and C’s wrongful act affecting the Plaintiff’s common life.