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(영문) 수원지방법원안산지원 2016.06.22 2015가단117929
손해배상(기)
Text

1. The Defendant: (a) KRW 20,000,000 for the Plaintiff and 5% per annum from December 29, 2015 to June 22, 2016.

Reasons

1. The following facts may be acknowledged in light of the purport of the entire pleadings in each statement in Gap evidence Nos. 1 to 9, and there is no counter-proof.

On September 7, 1990, the Plaintiff reported marriage with C.

B. The Defendant, despite being aware that C is a spouse, maintained the relationship with C while living together with C from around 2007 to around 2007.

C. Around May 2015, the Defendant found the Plaintiff and found that fact, and C still continues to maintain the above life.

2. Occurrence of liability for damages;

A. A third party shall not interfere with a couple’s communal living falling under the essence of marriage by intervening in a couple’s communal living of another person and causing a failure of a couple’s communal living. A third party’s act of infringing on or interfering with a couple’s communal living falling under the essence of marriage and infringing on a spouse’s right as the spouse, in principle, constitutes tort.

(Supreme Court en banc Decision 201Meu2997 Decided November 20, 2014). B.

Examining the above facts in light of the above legal principles, the defendant was aware that C is a spouse, and the defendant committed an unlawful act continuously for a period of nine years, and the defendant's such an act infringed upon the plaintiff's marital relationship or interfered with the maintenance thereof. Thus, the defendant has a duty to care for mental suffering suffered by the plaintiff in money.

3. The scope of the Defendant’s liability for damages, including the content, degree, and period of the Defendant’s wrongful act, the marriage period and family relationship between the Plaintiff and C, and the Defendant still continues to engage in the illegal act with C, but the Plaintiff still wishes to continue the marriage relationship with C, etc., the Defendant shall pay consolation money to the Plaintiff, taking into account various circumstances indicated in the pleadings.

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