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(영문) 대전지방법원 2018.09.19 2018가단4205
손해배상(기)
Text

1. The Defendant’s KRW 20,000,000 as well as the Plaintiff’s annual rate of 5% from March 8, 2018 to September 19, 2018, and the following.

Reasons

1. Determination as to the cause of claim

A. 1) The Plaintiff is a legally married couple who completed the marriage report with C on August 3, 1978. 2) The Defendant knew that C has a spouse, while having knowledge of his/her spouse, continued misconduct from August 201 to July 2016, such as having a sexual intercourse with her motherel, etc.

[Ground of recognition] Unsatisfy, entry of Gap evidence 1 to 8, purport of whole pleadings

B. Determination 1) According to the above facts, it is evident in light of the empirical rule that a third party’s act of infringing on a married couple’s communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse’s right as a spouse, thereby infringing on a spouse’s right, thereby constituting a tort in principle, and a third party is liable to inflict emotional distress on the spouse (see, e.g., Supreme Court Decisions 2013Meu2441, May 29, 2015; 2004Da1899, May 13, 2005).

The defendant is obligated to do so in money for mental suffering suffered by the plaintiff.

3) As to the amount of consolation money that the Defendant is obligated to compensate, the health team, the content, degree, and period of the Defendant’s and C’s wrongful act, the marriage period and family relationship between the Plaintiff and C (the Plaintiff and C) are three children.

(4) The Defendant’s unlawful act is determined as KRW 20,000,000, in consideration of the various circumstances shown in the pleadings of the instant case, including the effect that the Defendant’s couple’s communal living had on the Plaintiff’s life. 4) The Defendant, as a result of the tort, resisting the existence or scope of the Defendant’s duty of performance from March 8, 2018, following the delivery of the copy of the complaint of the instant case to the Defendant as sought by the Plaintiff as a result of the tort.

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