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(영문) 서울중앙지방법원 2019.11.25 2019가단5042248
손해배상(기)
Text

1. The Defendant’s KRW 17,00,000 as well as 5% per annum from December 24, 2018 to November 25, 2019 for the Plaintiff.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report with C on January 6, 2015.

B. Around October 2018, the Defendant knew that C was a father-child, and had a sex relationship with C, and had a pregnancy and received abortion surgery, and committed unlawful acts.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 7, purport of the whole pleadings

2. Determination

(a) A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by interfering with a married couple’s communal living by causing a failure of a married couple’s communal living, etc. A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the either side of the married couple, and a third party shall not interfere with a married couple’s communal living falling under the essence of marriage by infringing upon or maintaining a married couple’s communal living and by infringing on the right as the spouse’s right to it, in principle,

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

According to the above facts of recognition, C is a spouse and the defendant is a spouse with the knowledge that C is a spouse, thereby infringing upon the plaintiff's right as the spouse by impeding the maintenance of the marital life and thereby infringing upon the plaintiff's right as the spouse. Thus, the defendant is liable to compensate for mental damage suffered by the plaintiff as a tort.

C. Furthermore, with respect to the amount of consolation money that the Defendant is liable for, it is reasonable to determine the amount of consolation money as KRW 17 million, considering all the circumstances revealed in the argument of the instant case, taking into account the health team, the period of marital life of the Plaintiff and C, the family relationship, the period during which the Defendant maintained an inhumanity relationship with C, the Defendant was under operation of abortion while maintaining an inhumanity relationship with C.

Therefore, from December 24, 2018, the defendant applied to the plaintiff for the 17 million won and the existence and scope of the obligation.

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