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(영문) 수원지방법원안양지원 2019.09.18 2018가단117409
손해배상(기)
Text

1. The Defendant: 15,00,000 won to the Plaintiff, and 5% per annum from February 15, 2019 to September 18, 2019.

Reasons

1. Facts of recognition;

A. On July 16, 1998, the plaintiff and C have two children under the chain of law as a husband and wife who reported marriage.

B. Since November 2017, the Defendant was in a relationship with C and C, and C was aware of the fact that they were women.

[Ground of recognition] Gap evidence 1-1 to Gap evidence 17, and the purport of the whole pleadings

2. Determination as to the cause of action

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(See Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the aforementioned facts, the Defendant recognized that C knew of the fact that he/she is a female of the spouse, and thereby, was guilty in light of the empirical rule that he/she was suffering from mental pain, and thus, the Defendant is obliged to do so in money to the Plaintiff.

B. Furthermore, considering various circumstances revealed in the pleadings of the instant case, such as the scope of damages and the amount of consolation money that the Defendant is liable to compensate, the period of marriage and family relationship between the Plaintiff and C, the content, circumstances, and period of fraudulent act, and the influence of fraudulent act on the marriage between the Plaintiff and D, it is reasonable to determine consolation money to be paid to the Plaintiff as KRW 15 million.

Therefore, the defendant's 15,00,000 won and damages for delay calculated by the ratio of 5% per annum as stipulated in the Civil Act from February 15, 2019 to September 18, 2019, which is the date following the delivery date of a copy of the complaint of this case filed by the plaintiff as the date of the above illegal act, to the date of this decision, which is deemed reasonable for the defendant to dispute about the existence or scope of the obligation of this case, and 12% per annum as stipulated in the Act on Special Cases Concerning Expedition, etc. of Legal Proceedings from the next day to the date of complete payment.

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