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(영문) 서울중앙지방법원 2019.09.23 2019가단5046509
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as annual 5% from December 1, 2016 to September 23, 2019 to the Plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple who completed the marriage report with C on November 14, 2005.

B. The Defendant asserted that since November 2016, the Plaintiff and C had established an illegal relationship with the Defendant from around 2014. However, even based on the evidence submitted by the Plaintiff, there is no evidence to acknowledge that the Plaintiff and C were unlawful relations on or before November 2016 when they were traveling overseas together with the Defendant.

C knowingly committed unlawful acts, such as having a sexual intercourse with C, even though he is the father and son.

[Grounds for recognition] The descriptions of Gap evidence Nos. 1 through 8 and the purport of the whole pleadings

2. The claimant and the judgment shall not interfere with the marital life falling under the essence of the marriage by intervening in the marital life of another person and causing a failure of the marital life, etc. In principle, the third party's act of infringing on or interfering with the marital life falling under the essence of the marriage by committing an unlawful act with one of the married couple, thereby infringing on the right as the spouse and causing mental distress to the spouse;

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to the above facts, C is a spouse, and the Defendant, even with the knowledge that C is a spouse, has established an inhumanial relationship with the knowledge that C is a spouse, thereby infringing upon the Plaintiff’s spouse’s right as a spouse by infringing on the marital life and interfering with the maintenance thereof, and thus, the Defendant is liable to compensate for mental damages suffered by the Plaintiff as a tortfeasor

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 15 million, considering all the circumstances revealed in the arguments of this case, considering the health team, the period of marital life of the plaintiff and C, family relations, the period in which the relationship with the defendant continues, the period in which the plaintiff might have suffered considerable mental impulses due to the shock caused by the illegal act of the defendant and C.

Therefore, the defendant is about 15 million won to the plaintiff.

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