beta
(영문) 수원지방법원 평택지원 2018.08.09 2018가단51629

손해배상(기)

Text

1. The Defendant’s KRW 15 million to the Plaintiff, as well as 5% per annum from March 24, 2018 to August 9, 2018.

Reasons

1. Facts of recognition;

A. On January 9, 1992, the Plaintiff and C had two children as a legally married couple who completed the marriage report.

B. From around 2017, the Defendant sent and maintained an inappropriate relationship with C, i.e., “h., a person who loves with C at all times think that he would be able to be aware of the upper part,” and “h.m., words or pictures to continue tracking Maloas, the same as that of the timely deletion.”

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 4, purport of the whole pleadings

2. The act, in principle, committed by a third party who causes damage to a spouse by committing an unlawful act with the spouse, thereby infringing on or impeding a common life of the married couple falling under the essence of marriage and infringing on the spouse's right as the spouse and causing mental pain to the spouse; and

(See Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the facts found earlier, according to the aforementioned facts, the Defendant knowingly committed an unlawful act with the knowledge that C is a spouse, thereby suffering mental pain to the Plaintiff.

As such, there is a duty to act in money.

3. The amount of consolation money to be paid by the defendant to the plaintiff shall be determined as 15 million won, considering the various circumstances shown in the arguments in this case, such as the scope of the liability for damages by the defendant and C's wrongful act, degree and period, the marriage period of the plaintiff and C, family relationship, and the influence of the defendant's improper act

4. Conclusion: (a) From March 24, 2018, the day following the delivery date of a copy of the complaint of this case sought by the Plaintiff with respect to the Plaintiff, the Defendant is entitled to dispute as to the existence or scope of the obligation; (b) 5% per annum under the Civil Act from August 9, 2018, which is the date of the judgment of this case, and 5% per annum from the following day to the day of full payment.