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(영문) 서울북부지방법원 2020.11.24 2020가단131421
손해배상(기)
Text

1. The defendant's KRW 15,00,000 and its amount shall be 5% per annum from July 1, 2020 to November 24, 2020 to the plaintiff.

Reasons

1. Basic facts

A. The Plaintiff and C are legally married couple who completed the marriage report on July 28, 2017, and have one minor grandparent under the chain.

B. From December 2018, the Defendant, even though he/she was aware that he/she was a person who has a legal spouse, had sexual intercourse with C in an inappropriate manner with C, and several times.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 27, the purport of the whole pleadings

2. The act of a third party making a judgment by committing an unlawful act with the spouse, thereby infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on the spouse's right as the spouse, thereby causing mental pain to the spouse, constitutes a tort in principle;

(see, e.g., Supreme Court en banc Decision 201Meu2997, Nov. 20, 2014). Meanwhile, “illegal act” under Article 840 subparag. 1 of the Civil Act includes any act that is not faithful to the duty of good faith as a spouse, but is a broad concept rather than the so-called “illegal act” and “illegal act” ought to be evaluated in consideration of the degree and circumstances depending on specific cases.

(1) In light of the above legal principles, the Defendant is obliged to compensate for mental damages suffered by the Plaintiff, since it is apparent in light of the empirical rule that the Defendant would have suffered considerable mental pain by infringing upon the Plaintiff’s communal living between the Plaintiff and C and infringing on the Plaintiff’s spouse’s rights, by citing the facts seen earlier in light of the aforementioned legal principles.

Furthermore, regarding the amount of consolation money that the defendant is liable for, the health team, the marriage period and family relationship of the plaintiff and C, the contents, period and degree of fraudulent act, the degree of suffering suffered by the plaintiff due to the defendant's fraudulent act, the influence on the marital life of the plaintiff, the defendant's position and attitude in this case, and other various circumstances shown in the

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