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(영문) 수원지방법원안양지원 2017.11.30 2017가단109678

손해배상(기)

Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from July 15, 2017 to November 30, 2017; and (b) the Plaintiff.

Reasons

1. Facts of recognition;

A. On December 20, 2002, the Plaintiff is a legal spouse who completed the marriage report with Nonparty C on December 20, 2002, with two children (the birth in 2004, 2006) under the sus.

B. The Defendant committed an unlawful act, such as having sexual intercourse from August 2016, as Nonparty C and the workplace bonus.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 3 (including each number), the purport of the whole pleadings

2. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant’s above act constitutes a tort against the Plaintiff, and thereby, is obvious in light of the empirical rule that the Plaintiff had suffered considerable mental pain, and thus, the Defendant is obliged to compensate for mental damage suffered by the Plaintiff.

Furthermore, with regard to the amount of consolation money, it is reasonable to determine consolation money as KRW 20,000,000, considering all the circumstances revealed in the proceedings of the pleadings in this case, such as health team, the period of marital life of the Plaintiff and Nonparty C, the period of misconduct between the Defendant and Nonparty C, and the degree of

Therefore, the defendant, as a result of the illegal act, is the plaintiff's 20,000,000 won and its corresponding amount after July 15, 2017, which is the day following the delivery date of a copy of the complaint of this case, and as the plaintiff seeks, dispute over the existence and scope of the defendant's obligation, 5% per annum as stipulated in the Civil Act from July 15, 2017 until November 30, 2017, and 5% from the next day to the day of complete payment.