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(영문) 춘천지방법원영월지원 2020.02.12 2019가단11529

손해배상(기)

Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 31, 2019 to February 12, 2020.

Reasons

. Facts of recognition.

A. The plaintiff and C are legally married couple who reported marriage on June 25, 2009 and have two minors under the chain.

The defendant is between C and workplace rent.

B. On October 2017, the Plaintiff viewed the Defendant’s photograph stored in C’s mobile phone; and on September 16, 2018, the Plaintiff sent text messages to C and the Defendant as follows from C’s mobile phone.

C : 너무 좋았어~^^* 피고 : 나두 C : 나 혼자 좋아하는게 아니라서 너무 좋아 고마워~^^ 피고 : 저장해놓은 것은 다 지우기_혹시 모르니__

C. C and the Defendant had sexual intercourse several times from June 2018 to July 2019 at the company, telecom, automobile inside, etc.

The Plaintiff discovered the files, such as photographs and videos, taken by C to the head of a sexual relationship with the Defendant.

[Grounds for recognition] The entry of Gap evidence Nos. 1 through 16 and the purport of the whole pleadings

2. Determination:

(a) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of a married couple’s communal living by participating in another person’s marital life. A third party’s act of infringing on or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, thereby infringing on his/her right as a spouse and causing mental distress

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). As seen earlier, the Defendant, even though having knowledge that C was a spouse, recognized that C had a spouse, thereby infringing on the marital life and interfering with the maintenance thereof, and infringed on the Plaintiff’s spouse’s right as his/her spouse, and thus, it is obvious in light of the empirical rule that the Plaintiff suffered emotional distress due to the Defendant’s tort, and thus, the Defendant is obliged to go against money.

B. As to the amount of consolation money, the above evidence and the whole pleadings are examined.