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(영문) 수원지방법원성남지원 2019.08.23 2018가단229433

손해배상(기)

Text

1. The Defendant: (a) KRW 15 million to the Plaintiff; and (b) 5% per annum from August 23, 2018 to August 23, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. On January 23, 1991, the Plaintiff and C are legally married couple who reported marriage, and have three children.

B. On August 13, 2018, around 19:21, the Defendant entered the telecom with C along with C to enter the telecom.

From August 18, 2018 to August 23, 2018, the Defendant had telephone conversationss with C and almost every day with C during a period from August 18, 2018 to August 23, 2018.

At the time, Defendant and C talked about “voluntary” or sexual relation.

[Ground of Recognition: Facts without dispute, Gap evidence 1, 3, 4, and 10 (the defendant asserts that Gap evidence 10 is inadmissible under the Protection of Communications Secrets Act, but dialogue between the defendant and C is recorded in the black box installed in a motor vehicle of Eul and there is no evidence that the plaintiff installed it, it cannot be deemed as illegal wiretapping under the Protection of Communications Secrets Act.

Therefore, we cannot accept this part of the defendant's assertion.

(2) Each entry and the purport of the whole pleading

2. According to the above facts finding as to the cause of the claim, C appears to have been in contact with the Defendant during the marriage life, and deemed to have been in contact with the Defendant, and it is sufficient to view such an act as having committed a broad illegal act within the meaning of neglecting the duty of mutual assistance between the couple. The Defendant, knowing that C has a spouse, actively participated in C’s wrongful act by neglecting the duty of mutual assistance with C, thereby providing the cause of the failure in the marriage between the Plaintiff and C.

In addition, since it is apparent in light of the empirical rule that the plaintiff suffered considerable mental suffering, the defendant, as a joint tortfeasor, has a duty to pay the plaintiff a monetary penalty for the mental suffering suffered by the plaintiff due to such unlawful act.

We examine the amount of consolation money to be paid by the defendant.

The time and degree of the above improper act, the plaintiff, the defendant, and C's.