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(영문) 인천지방법원 2017.01.25 2016가단233537
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from August 10, 2016 to January 25, 2017.

Reasons

1. The Plaintiff reported the marriage with Nonparty C on March 20, 1997, and the Defendant was aware of the marriage at C and the church from November 201 to November 201, 201, and contacted C and C via e-mail and Kakakao Akaook on several occasions, and found C as Canada staying there, and had in an inhuman relationship including physical relationship, including the remaining Canadian, without dispute between the parties, or can be recognized by the purport of the entire arguments and arguments set forth in subparagraphs 1 through 7.

2. Determination:

(a) A third party who has a liability for damages shall not interfere with a married couple's communal life falling under the nature of marriage, such as interfering with a married couple's communal life by interfering with another person's communal life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015 (see, e.g., Supreme Court Decision 2013Meu2441). According to the foregoing facts, the Defendant committed an unlawful act even when C knew of the fact in a marital relationship with the Plaintiff, thereby infringing on or interfering with the Plaintiff’s community life and infringing on the Plaintiff’s spouse’s right as the spouse, and thereby suffering mental distress, the Defendant is liable to compensate the Plaintiff for mental distress.

B. When comprehensively taking into account the scope of liability for damages, the period of marriage and family relationship between the Plaintiff and C, the background leading up to which C and the Defendant met, the period and content of the unlawful act committed by C and the Defendant, and the degree of failure in marriage, etc., the amount of consolation money shall be set at KRW 15,00,000

C. According to the theory of lawsuit, the Defendant seeks to the Plaintiff as damages amounting to KRW 15,00,000 as well as the Plaintiff as damages amounting to that amount after the date of tort.

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