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(영문) 서울북부지방법원 2018.07.27 2018가단112250

손해배상(기)

Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual rate of KRW 5% from May 16, 2018 to July 27, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff (1985) is a legal couple who completed the marriage report with C on October 20, 2015.

B. Around February 2017, the Defendant (198) entered the company of C, and maintained an inappropriate relationship, such as having a sexual intercourse with C, knowing that C was a father and son from January 2018 to March 2018.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 6, the purport of the whole pleadings

2. Determination:

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s communal life falling under the essence of marriage and infringing on the spouse’s right as the spouse, thereby infringing on the spouse’s right as a spouse, thereby causing mental pain to the spouse constitutes tort (see, e.g., Supreme Court Decision 2013Meu2441, May 29, 2015). According to the above acknowledged facts, according to the above acknowledged facts, the Defendant, even though he was aware of a marital relationship with the Plaintiff, infringed on or obstructed the Plaintiff’s communal life by committing unlawful act with C, thereby infringing on the Plaintiff’s right as the spouse, thereby causing mental pain to the Plaintiff. Therefore, the Defendant is liable for compensation for mental distress inflicted on the Plaintiff.

B. The amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 10,00,000, taking into consideration the various circumstances shown in the arguments in the instant case, such as the range of damages, the marriage period and family relationship between the Plaintiff and C, the contents and degree of the unlawful act committed by C and the Defendant, the attitude of the Defendant after the commission of the unlawful act, the influence of the Defendant’s unlawful act on the Plaintiff’s marital life

C. Accordingly, according to the theory of litigation, the defendant is deemed reasonable to dispute the scope of the defendant's obligation from May 16, 2018, which is the following day after the delivery of a copy of the complaint of this case sought by the plaintiff as a result of the tort against the plaintiff, as the consolation money of KRW 10,000,000, and since the date of this decision.