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(영문) 서울동부지방법원 2019.05.24 2018가단136120
손해배상(기)
Text

1. The Defendant’s KRW 15,00,000 and the Plaintiff’s annual rate of KRW 5% from October 27, 2018 to May 24, 2019.

Reasons

1. The facts that the plaintiff and the non-party C (hereinafter referred to as "non-party C") were legally married couple who completed the marriage report on March 17, 2011 do not conflict between the parties, or are recognized by taking account of the overall purport of the pleadings as a whole in the descriptions of the evidence No. 1, No. 1, No. 2, No. 2, and No. 3.

2. The plaintiff's assertion that the plaintiff had a fraudulent act between the non-party and the defendant, and thus the defendant is obligated to pay 31 million won as consolation money to the plaintiff.

3. The husband or wife of a liability for damages shall bear the duty of good faith to prevent any unlawful act.

If one side of the married couple commits an unlawful act, the other side of the married couple shall be liable for damages caused by a tort against the mental suffering which the spouse has sustained.

Meanwhile, a third party also commits a tort, in principle, by infringing on a couple's communal life falling under the essence of marriage or interfering with the maintenance thereof and infringing on a spouse's right as the spouse, thereby causing mental pain to the spouse.

(See Supreme Court Decision 2013Meu2441 Decided May 29, 2015, and Supreme Court Decision 2004Da1899 Decided May 13, 2005, etc.). In full view of the facts that there is no dispute between the parties, as well as the overall purport of pleadings in the written evidence Nos. 6, 15, B’s evidence Nos. 1 through 3, 5-1, 2, 7, and 8, the Defendant, despite being aware of the existence of a matrimonial relationship with the Plaintiff, contacts with the Nonparty and became an annual personnel, is recognized, and the Defendant’s aforementioned act was involved in the Nonparty’s unlawful act of violating the duty of good faith against the Nonparty’s spouse.

Therefore, as the non-party and the joint tortfeasor, the defendant is liable for the mental damage suffered by the plaintiff in money.

4. The scope of liability for damages, the period of marriage between the Plaintiff and the Nonparty, the background, contents, and degree of the Nonparty’s misconduct.

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