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(영문) 광주지방법원 2020.10.15 2020가단506542
손해배상(기)
Text

The defendant's KRW 10,000,000 for the plaintiff and 5% per annum from March 18, 2020 to October 15, 2020.

Reasons

1. Basic facts

A. On December 20, 2012, the Plaintiff is a legally married couple who reported marriage with C on December 20, 2012, and has two children under his/her chain.

B. From October 2019 to February 2020, the Defendant: (a) knew that C was a spouse, who became aware of in the D club from October 2019 to February 2, 202, committed a fraudulent act with C.

C. C is currently pending in a lawsuit by filing a lawsuit of divorce claim against the Plaintiff with the Gwangju Family Court 2020ddan31723.

[Ground of recognition] Facts without dispute, Gap evidence Nos. 1 through 5, 8, 9, 10 (including each number), video or voice, and the purport of the whole pleadings

2. Determination as to the cause of action

A. 1) In principle, a third party’s act of infringing on or impeding the maintenance of a married couple’s community life falling under the essence of marriage and infringing on the spouse’s right as the spouse by committing an unlawful act with the spouse of the married couple, thereby causing emotional distress to the spouse constitutes tort (see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). 2) In light of the above acknowledged facts, the Defendant committed an unlawful act with C, knowing that the spouse is a spouse, thereby infringing on the Plaintiff’s community life or interfering with the maintenance thereof, and thereby causing emotional distress to the Plaintiff, and thus, is liable to compensate for the Plaintiff’s emotional distress.

B. In full view of all the circumstances indicated in the records and arguments in the instant case, including the scope of damages and the marriage period and family relationship between the Plaintiff and C, the content, period and degree of the unlawful act committed by the Defendant and C, the Defendant’s unlawful act was affected by the Plaintiff and C’s marital life between the Plaintiff and C, and the circumstance before and after the instant lawsuit, it is reasonable to determine the amount of consolation money to be paid by the Defendant to the

(Plaintiff is seeking consolation money of KRW 35,000,000, but it does not accept the portion exceeding the above recognized amount).

Therefore, the defendant shall be given consolation money to the plaintiff.

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