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(영문) 서울서부지방법원 2019.01.29 2018가단224401
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from August 17, 2018 to January 29, 2019.

Reasons

Basic Facts

On January 6, 2009, the Plaintiff is a legal spouse who completed the marriage report with C on January 6, 2009, and has two children who are elementary school students.

The defendant is currently retired after serving as an employee of the company run by C around 2018.

[Ground of recognition] The act of a third party who is liable to compensate for damages arising from Gap evidence No. 1 and the ground for a claim of the entire purport of pleading, thereby infringing a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing a spouse's right as the spouse, thereby causing mental pain to four spouses, in principle, constitutes tort.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). According to each of the evidence A, the Defendant is recognized to have committed an unlawful act with C, such as drinking alcohol, drinking alcohol, sexual intercourse, etc., from January 2018 to April 20 of the same year, even though he/she is aware that C is a married person.

The defendant committed these unlawful acts, thereby infringing the common life of the plaintiff and C, and committed a tort infringing the plaintiff's spouse's rights.

As a result, it is obvious in light of the empirical rule that the plaintiff suffered from mental suffering, the defendant is obligated to pay back the plaintiff's mental suffering in money.

With respect to the amount of consolation money within the scope of liability for damages, the amount of consolation money to be paid by the Defendant to the Plaintiff shall be determined as KRW 15 million, in full view of all the circumstances, including the health team, the period of marriage, the process of marital life, family relations, the period and degree of the misconduct committed by the Defendant and C, the attitude after the misconduct, and the impact of the said misconduct on

In conclusion, the defendant is sought by the plaintiff as a consolation money of 15 million won and after the date of occurrence of liability for the damages.

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