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(영문) 수원지방법원 2016.04.26 2015가단134692

손해배상(기)

Text

1. The Defendant’s KRW 8,500,000 as well as 5% per annum from November 4, 2015 to April 26, 2016 to the Plaintiff.

Reasons

1. Basic facts

A. On October 4, 1995, the Plaintiff completed the marriage report with C on October 4, 1995, and 1 South son’s children between C and C, and the Defendant is C and a middle school Dong.

B. On September 10, 2015, C prepared and delivered to the Plaintiff a letter that the Defendant and the Plaintiff would not be out of the Republic of Korea, from January 2014 to August 2015, 2015.

Grounds for recognition: Gap 1, 2, 5, and the whole purport of the pleading.

2. Determination

A. The plaintiff's assertion that the defendant committed an unlawful act with C, who is the plaintiff's wife, and caused the failure of the marital relationship between C and C, so the plaintiff shall pay consolation money of KRW 30 million and delay damages to the plaintiff.

B. 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 the 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). In full view of the following, it is reasonable to deem that the Defendant committed a wrongful act with C, taking into account the following factors: (a) the Defendant was in inhumane relationship with the Defendant from January 2014 to August 2015; and (b) the Defendant was also in inhumane relationship with C (A4 and the Defendant’s reply and each of the preparatory documents).

As above, the Defendant committed an unlawful act with C, the wife of the Plaintiff, and caused mental pain to the Plaintiff.

Therefore, the plaintiff has a duty to care for mental suffering suffered by the plaintiff in money.

Therefore, considering the various circumstances shown in the argument of this case, the amount of consolation money shall be 8,500,000 won.

Therefore, the defendant's complaint of this case is sought from the plaintiff 8,500,000 won and the plaintiff.