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(영문) 제주지방법원 2017.07.11 2016가단15982
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from November 24, 2016 to July 11, 2017.

Reasons

1. Basic facts

A. On November 18, 1992, the Plaintiff completed the marriage report with C on November 18, 1992, and had two South and North women between C and C.

B. In around 1999, the Defendant became aware of C as an adult member of the Taekwondo Department on the Taekwondo painting operated by C. Since around that time, C was aware that C had a spouse by marriage, and began to teach C with C with awareness that C had a spouse by marriage.

C. Around January 2009, the Defendant operated a brokerage business in D in Songpa-gu Seoul and closed the said brokerage business on or around December 2009, and lived together with C and Seopo-si jointly operating a restaurant of “E” at C and Seopo-si from January 201 to September 2013.

[Ground of recognition] Facts without dispute, entry of Gap evidence 1 to 3, purport of the whole pleadings

2. Occurrence of liability for damages;

A. 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, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). B.

According to the above facts of recognition, the defendant committed an unlawful act with C while being aware that C has a spouse, thereby infringing on the common life of both the plaintiff and C or hindering their maintenance, and inflicted mental suffering on the plaintiff by infringing on the plaintiff's spouse's right as his spouse. Thus, the defendant is liable to compensate for the mental suffering suffered by the plaintiff.

3. Scope of liability for damages

A. In full view of all the circumstances revealed in the pleadings of the instant case, such as the health team, the period of marriage between the Plaintiff and C, the content and duration of the unlawful act committed by the Defendant and C, the background leading up to the unlawful act committed by the Defendant and C, and the impact of the said unlawful act on the marriage between the Plaintiff and C, the amount of consolation money shall be 20.

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