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(영문) 수원지방법원 2016.06.15 2015가단122576
손해배상(기)
Text

1. The Defendant’s KRW 25,00,000 as well as the Plaintiff’s annual rate of KRW 5% from July 9, 2015 to June 15, 2016.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on February 24, 1997, and has one male female under the chain.

B. From February 2015, C had committed an unlawful act with the Defendant, who was an employee of the same company, and the Plaintiff became aware of such an act around April 2015.

C. Although C intended to adjust the relationship with the Defendant to the Plaintiff, C continued to maintain the relationship with the Defendant, the Plaintiff demanded a divorce to C around June 3, 2015 and received the application for divorce to the Suwon District Court.

On the other hand, the defendant made it known to C that he would know to the plaintiff that he would not be able to know.

E. C suicide around June 13, 2015.

[Reasons for Recognition] Facts without dispute, entries and images of Gap evidence 1 through 10 (including, if any, various numbers) 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 Decision 2013Meu2441 Decided May 29, 2015). The Defendant knowingly committed unlawful acts, such as sexual intercourse, with the knowledge that C is a spouse, thereby infringing upon the Plaintiff’s and C’s communal living or interfering with their maintenance, and infringed the Plaintiff’s right as the spouse.

Therefore, the defendant is liable to do so in money for mental damage suffered by the plaintiff.

B. Taking account of various circumstances indicated in the argument of the instant case, such as the content, degree, and duration of the Defendant and C’s improper act, the impact of the said improper act on the marriage between the Plaintiff and C, the marriage period of the Plaintiff and C, the age of the Plaintiff and the Defendant, and C’s suicide, etc., the amount of consolation money that the Defendant is liable to compensate for to the Plaintiff is KRW 25 million.

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