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(영문) 창원지방법원 2018.09.12 2017가단117391
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 as well as the Plaintiff’s annual rate of KRW 5% from January 12, 2018 to September 12, 2018.

Reasons

1. Facts of recognition;

A. The Plaintiff is a legally married couple who completed the marriage report on December 24, 2014.

B. The Defendant committed an unlawful act, such as having a sexual intercourse with C with the knowledge that C had a spouse by marriage.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1-3, Gap evidence Nos. 2 and 3, and the purport of the whole pleadings

2. Determination on the cause of the claim

(a) An act of a third party which causes mental pain to the spouse by infringing on a marital life falling under the essence of marriage or interfering with its maintenance, and infringing on the spouse's right as the spouse, shall constitute a tort;

As seen earlier, the Defendant’s act with C’s infinite relation constitutes a tort against the Plaintiff, and thus, the Defendant has a duty to avoid mental suffering suffered by the Plaintiff.

B. As to this, the defendant asserts that the liability for tort against the plaintiff is not established since the marital life of the plaintiff and C was actually broken down before the act with C was committed. However, there is no evidence to acknowledge this, the defendant's above assertion is not accepted.

C. Furthermore, with respect to the amount of consolation money, the following circumstances are considered: (a) the period of marriage between the Plaintiff and C; (b) the content and period of the unlawful act between the Defendant and C; (c) the effect of the unlawful act on family relationship; and (d) the Plaintiff complaining of serious mental pain up to now due to the said unlawful act; (b) around September 19, 2017, after the Plaintiff became aware of the Defendant’s unlawful act, the Plaintiff inflicted an injury on the number of days of treatment on the part of the Plaintiff’s head before the Defendant’s head was taken, and the Defendant’s criminal trial (the Changwon District Court Decision 2018Da1876) is pending against the Plaintiff based on criminal facts.

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