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(영문) 서울동부지방법원 2019.01.30 2018가단128709
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate from September 1, 2018 to January 30, 2019, and the following.

Reasons

1. Basic facts

A. On February 11, 2014, the Plaintiff and C are legally married couple who completed the marriage report, and have one child under the slurries.

The defendant is C's work bonus.

B. The Defendant, despite being aware of the spouse’s existence, maintained the relationship with C, such as having the same drinking place from May 2018 to July, 201, and having sexual intercourse.

[Reasons for Recognition] Facts without dispute, each entry and video of Gap 1 to 10 evidence (including provisional number), and the purport of the whole pleadings

2. Determination as to the claim

A. The act that a third party who is liable for damages causes mental distress to the spouse by infringing on or interfering with the common life of the married couple falling under the essence of marriage and infringing on the rights of the spouse as the spouse by committing an unlawful act with the spouse of the married couple constitutes a tort in principle.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts, the defendant committed an unlawful act with C knowing that C is a spouse. Barring any special circumstance, the defendant's act is deemed to infringe upon the marital relationship of the plaintiff or interfere with the maintenance thereof, and thus, the defendant has a duty to pay emotional distress suffered by the plaintiff in money.

B. As to the amount of consolation money that the Defendant is liable to compensate, the amount of consolation money that the Defendant is liable to compensate to the Plaintiff shall be KRW 20,000,000, comprehensively taking into account the various circumstances shown in the pleadings of the instant case, such as health class, content and degree of the commission of the Defendant and C, the marriage period and family relationship between the Plaintiff and C, and the Defendant’s wrongful act.

The defendant is liable to perform the obligation of the defendant from September 1, 2018, after the delivery of a copy of the complaint of this case sought by the plaintiff as a result of damages caused by the plaintiff's tort, and since September 1, 2018.

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