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(영문) 광주지방법원 2017.08.08 2016가단528972
손해배상(기)
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from November 26, 2016 to August 8, 2017.

Reasons

1. Facts of recognition;

A. The plaintiff and C reported their marriage on September 21, 1984, and 1 South and North Korea had 1 South and North Korea under slot.

B. While the Plaintiff and C’s 1st floor store of the building where the Plaintiff and C reside were operated by leasing a cosmetic shop, the Defendant took part in the contact with C from March 2016, by continuously exchanging them with C, or by sharing it with a mountain, meal, motion picture viewing, etc., and C visited the Defendant’s house during the course of teaching with the Defendant, and performed gambling at the Defendant’s house.

C. After receiving a duplicate of the instant complaint on November 25, 2016, the Defendant, while denying the teaching system with C, continues to maintain the teaching system by making a long-hour call with C almost every day until May 31, 2017.

[Reasons for Recognition] Facts without dispute, Gap 1 through 7, 9, 10 items and images, including branch numbers, and the result of each fact inquiry into El branch Co., Ltd. of this court, the purport of the whole pleadings

2. According to the above facts of recognition, the defendant committed an unlawful act by combining C with C even though he/she is a spouse, and the third party committed an unlawful act with C, thereby infringing on or obstructing the marital life falling under the essence of marriage and infringing on his/her right as the spouse, thereby causing mental suffering to the spouse, constitutes a tort (see, e.g., Supreme Court Decision 2004Da1899, May 13, 2005). Since it is obvious in light of the empirical rule that the plaintiff suffered considerable mental suffering due to the defendant's illegal act, the defendant is obliged to take the plaintiff's mental suffering against money.

Furthermore, with respect to the amount of consolation money, the Defendant shall compensate for consolation money by taking full account of all the circumstances shown in the records and arguments of this case, such as health team, the marriage period and family relationship of the Plaintiff and C, the school system, period and form of the Defendant and C, and the influence of the act of the Defendant and C on the Plaintiff’s common life.

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