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(영문) 인천지방법원 2021.03.04 2020가단255220
손해배상(기)
Text

The defendant shall pay to the plaintiff KRW 20,000,000 as well as 5% per annum from September 5, 2020 to March 4, 2021.

Reasons

1. Facts of recognition;

A. The plaintiff is a legally married couple who completed the marriage report with C on March 26, 1992, and has two children between C and C.

B. The Defendant committed an unlawful act by leaving C only from around 2017 to the annual relation.

【Unfounded Grounds for Recognition】 Facts without dispute; Gap's statements (including Serial number) Nos. 1 through 7; the purport of the whole pleadings

2. Determination:

A. (1) The occurrence of a liability for damages does not interfere with a married couple’s communal living falling under the essence of marriage, such as interfering with a married couple’s communal living by causing a failure of the married couple’s communal living by a third party to intervene in a married couple’s communal living. A third party shall not interfere with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple. The third party’s act of infringing upon or interfering with a married couple’s communal living falling under the essence of marriage by committing an unlawful act with the married couple, and infringing on his/her spouse’s rights as his/her spouse and causing mental distress to the spouse (see Supreme Court Decision 201Meu297, Nov. 20, 2014). (2) According to the above recognition, in principle, the act constitutes a tort (see Supreme Court Decision 2011Meu 2997, Nov. 20, 201).

B. Furthermore, it is reasonable to determine the amount of consolation money as KRW 20,000,000, when considering all all the circumstances revealed in the pleadings of the instant case, such as health team, the period of marital life of the Plaintiff and C, family relationship, and the period during which the Defendant continued to commit an unlawful act.

(c)

Therefore, the defendant is in charge of KRW 20,000,000 to the plaintiff.

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