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(영문) 서울동부지방법원 2019.01.30 2017가단137973
손해배상(기)
Text

1. The Defendant’s KRW 10,000,000 and the Plaintiff’s annual interest thereon from November 18, 2017 to January 30, 2019, and the following.

Reasons

1. Basic facts

A. On March 2, 2007, the Plaintiff is a legally married couple who has reported the marriage on March 2, 2007, with two children under the chain.

The defendant is C's work bonus.

B. The Defendant, despite being aware that he/she had a spouse, concluded an inappropriate relationship with C, such as carrying alcohol as drinking and singing together from April 2017 to September 2017, and making excessive physical contacts.

[Ground of recognition] Facts without dispute, Gap's evidence 1 to 3, Gap's evidence 4 to 6 (each recording file), 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 10,000,000, 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 puts down the consolation money of KRW 10,000,000 as compensation for damages caused by the illegal act on and after the date of the illegal act, a copy of the complaint of this case sought by the plaintiff.

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