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(영문) 부산지방법원 2016.11.01 2016가단323932
손해배상(기)
Text

1. The Defendant: 15,00,000 won to the Plaintiff, as well as 5% per annum from June 21, 2016 to November 1, 2016.

Reasons

1. Facts of recognition;

A. On November 14, 2014, the Plaintiff married with C and has his/her children as his/her children.

B. From March 2015, the Defendant, a company partner of C, committed an unlawful act, such as committing a sexual intercourse with C while knowing the fact that C is in a legally marital relationship.

C. The Plaintiff is away from C from May 31, 2016, and is currently undergoing the procedure of divorce.

[Reasons for Recognition] Each entry of Gap evidence Nos. 1 through 7 (including paper numbers), the purport of the whole pleadings

2. The judgment-making third party shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by causing a failure of a married couple's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(Supreme Court en banc Decision 2011Meu2997 Decided November 20, 2014). According to the above facts of recognition, the Defendant, despite being aware that C is a spouse, has sustained fraudulent acts such as having a considerable educational system and having a sexual intercourse, and the Defendant’s act infringed upon the Plaintiff’s marital relationship or interfered with the maintenance thereof.

The defendant has a duty to care for mental suffering suffered by the plaintiff in money, unless there are special circumstances.

Furthermore, with regard to the amount of consolation money, the amount of consolation money shall be determined at KRW 15,00,000, considering all the circumstances revealed in the proceedings of the pleadings of this case, such as the following: (a) the degree and period of misconduct; (b) whether the defendant's mistake was found after detection of the fraudulent act; (c) the Plaintiff's marriage period and the degree of the failure of the marital life; and (d) the Plaintiff seems not to claim consolation money.

Therefore, the defendant shall pay consolation money to the plaintiff 15,000,000 won and this.

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