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(영문) 대전지방법원 2016.04.26 2015가단219945
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from November 7, 2015 to April 26, 2016, and the following.

Reasons

1. Facts of recognition;

A. The plaintiff and C are legally married couple.

B. C met the Defendant from May 10, 2015, and from that time to July 27, 2015, the Defendant provided and received telephone conversations and text messages several times with the Defendant from that time to that time, and the Defendant provided and received contact around 12:0 hours at night.

C. C entered to a doer with the Defendant on July 27, 2015.

[Ground of recognition] Evidence No. 1, Evidence No. 13 through 5, the purport of the whole pleadings

2. Determination:

A. A third party shall not interfere with a couple’s communal living which is equivalent to the nature of the marriage, such as intervention in a couple’s communal living of another person and causing the failure of the couple’s communal living.

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 the right as the spouse's right to it and causing mental pain to the spouse shall constitute a tort.

(See Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). B.

In light of the above facts, it is appropriate to determine that the defendant committed unlawful acts, such as being provided with contact with C several times, and going to the meeting, thereby infringing upon or interfering with the plaintiff's communal living with C or interfering with its maintenance, and that he suffered mental suffering by infringing upon the plaintiff's spouse's right as his spouse.

Therefore, the defendant is liable to compensate the plaintiff for damages caused by mental distress by paying consolation money to the plaintiff.

In addition, the defendant and C shall be determined as 20,000,000 won by taking full account of all the circumstances known through the entire purport of the pleadings, such as the period during which the defendant and C met, the degree of tort, the age of the parties, and the circumstances leading to the instant case.

C. Therefore, the Defendant is a year prescribed by the Civil Act from November 7, 2015 to April 26, 2016, which is a date when the instant complaint was served to the Plaintiff, which is clear as the date following the delivery of the damages amounting to KRW 20,00,00,00 as damages amount.

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