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(영문) 춘천지방법원원주지원 2016.01.14 2015가단33082
손해배상(기)
Text

1. The Defendant’s KRW 30,000,000 as well as the Plaintiff’s annual rate from June 8, 2015 to September 30, 2015, and the following.

Reasons

1. Basic facts

A. The plaintiff is a legal couple who completed the marriage report with C on April 11, 1989.

B. The defendant is the head of the D Agricultural Cooperatives Association.

C. From December 23, 2007, the Plaintiff operated a release store on bail on the first floor of the D Agricultural Cooperative, and C has tried the Plaintiff’s work at the above release store on bail.

[Ground of recognition] Unsatisfy, Gap evidence 1

2. Occurrence of liability for damages;

A. The facts that the plaintiff and C are legally married couple are as seen earlier.

The Defendant, from August 2013 to August 2014, 2014, met only between C and Plaintiff Woo, and made physical contacts. From January 2014, the Defendant committed unlawful acts, such as having sexual intercourse, etc., by taking account of the overall purport of pleadings and the testimony of the witness C.

B. In principle, a third party's act of infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse constitutes a tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, etc.). C.

On the other hand, according to the facts found above, the defendant's misconduct, such as physical contact, constitutes a tort against the plaintiff and the plaintiff seems to have suffered mental suffering. Accordingly, the defendant is obligated to pay consolation money to the plaintiff.

3. Scope of liability for damages

A. Considering the period and attitude of the Defendant’s wrongful act, the degree of infringement of the marital life between the Plaintiff and C, and the fact that the Defendant still denies the marital relationship, it is reasonable to determine consolation money to be paid to the Plaintiff as KRW 30,000,000.

B. Therefore, the defendant seeks compensation for consolation money of KRW 30,000,000 from the plaintiff as well as from the date of tort.

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