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(영문) 광주지방법원목포지원 2017.09.21 2017가단50042

손해배상(기)

Text

1. The Defendant’s KRW 15 million to the Plaintiff and the Plaintiff’s annual rate of 5% from February 1, 2017 to September 21, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff is a married couple with C on March 4, 2002, and has two children under the chain of law.

B. C had been running a restaurant in the first place in the front-mast part of the Plaintiff and the end part of the front-mast part of the front-mast part of the Plaintiff. Since then, C had been aware that C had a spouse, and had a sexual intercourse with C, the Defendant had a frequent sexual intercourse.

C. Meanwhile, the Plaintiff and C maintain their current matrimonial relationship.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1, 3, and 6, Gap evidence No. 2, and the purport of the whole pleadings

2. Determination

A. In principle, the act of a third party who has caused damage to a spouse by committing an unlawful act with the spouse and thereby infringing on the spouse's right as the spouse and obstructing the maintenance of the marital life which corresponds to the essence of the marriage or infringing on the spouse's right as the spouse constitutes a tort. According to the above facts of recognition, it is clear in light of the rule of experience that the defendant committed an unlawful act such as sexual intercourse with C, which is the spouse of the plaintiff, and that the plaintiff suffered considerable mental suffering. Thus, the defendant is liable to compensate for the mental suffering suffered by the plaintiff.

B. As to the amount of consolation money that the Defendant is liable to pay to the Plaintiff, the amount of consolation money shall be determined as KRW 15,00,000,00 in full, considering all the circumstances shown in the pleadings of the instant case, such as health team, the period of marriage and family relationship between the Plaintiff and C, the degree and period of misconduct between the Defendant and C, the degree that the act affected the failure of the marriage between the Plaintiff and C, and the age and present situation of the original Defendant. Thus, the Defendant’s performance obligation is determined as to the Plaintiff from February 1, 2017, on which the copy of the complaint of the instant case was served to the Defendant as requested by the Plaintiff.