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(영문) 수원지방법원 2017.05.30 2016가단534213

손해배상(기)

Text

1. The Defendant shall pay to the Plaintiff KRW 20,00,000 and the interest rate of KRW 15% per annum from October 29, 2016 to the day of full payment.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legal married couple who completed the marriage report on August 8, 2007, and have three children between them.

The defendant was also a couple of the law that has completed a marital relationship with the non-party D.

(A) They were divorced around February 2017. (b)

Since December 2015, the defendant started to go back with C and the workplace rent, and thereafter he saw back and repeated the weather again.

C. In the process, the Defendant committed unlawful acts, such as having a sexual relationship with C several times with knowledge of the fact that C has a marital relationship.

There was a fact that the defendant was pregnant with C as a sex relationship with C, but was abortion.

Around July 2016, C told the Plaintiff to recognize the relationship with the Defendant, and around that time, C was in a separate state.

[Reasons for Recognition] Facts without dispute, Gap evidence 1 through 4, 7, 8, Eul evidence 1 through 5, 8, and the purport of the whole pleadings

2. Determination

A. The act that a third party who is liable for damages causes mental pain to the spouse by committing an unlawful act with the spouse of the married couple, thereby infringing on the common life of the married couple falling under the essence of the marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, constitutes tort in principle.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the foregoing facts, the Defendant, even though C is a spouse, committed an unlawful act with knowledge that C is a spouse, thereby infringing upon a couple’s community life equivalent to the nature of marriage or interfering with the maintenance thereof, thereby infringing upon the Plaintiff’s right as a spouse for a couple’s community life with C, thereby suffering mental pain on the Plaintiff.

As such, there is a duty to compensate for mental damage suffered by the plaintiff.

B. As to the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff, the health team, the content, degree and period of the Defendant and C’s wrongful act, and the Plaintiff and C’s.