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(영문) 대전지방법원 2017.01.04 2016가단215681

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 as well as the annual rate of KRW 5% from September 27, 2016 to January 4, 2017 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple who reported their marriage on October 12, 1982 and have three adult children.

B. The Defendant was aware of C’s spouse Nonparty’s non-party Nonparty D, and was living with C after D’s death on June 2014.

C. Around January 25, 2015, the Plaintiff drafted a letter of “I see that I will see that I will be on the basis of the annual relationship. I see I see I see I see I am on the basis of the relationship.”

[Ground of recognition] Facts without any dispute, Gap's 1 to 4, and 6's statements, the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse to infringe on or interfere with common life of the married couple falling under the essence of marriage and to inflict mental pain on the spouse by infringing on his/her right as the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant committed an unlawful act with C, the Plaintiff’s spouse, thereby infringing on the marital relationship between the Plaintiff and C, or interfering with its maintenance, thereby causing mental pain to the Plaintiff. This constitutes tort against the Plaintiff.

Therefore, the defendant is obligated to pay consolation money to the plaintiff due to the above illegal act.

In this regard, the defendant asserts that since the marital relationship between the plaintiff and C had already failed and could not be recovered, the defendant did not constitute a tort even if he/she did so with C.

According to C's testimony, the Plaintiff and C had experienced fire since several years since the difficulty of C's business, using each room, etc., and around 2014, C applied for divorce, and C attempted to live in the body of the Plaintiff, but C tried to live in the body of the Plaintiff.