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(영문) 수원지방법원성남지원 2016.11.15 2016가단209183
손해배상(기)
Text

1. The Defendant: (a) KRW 15,00,000 for the Plaintiff and 5% per annum from April 21, 2016 to November 15, 2016; and (b) the Plaintiff.

Reasons

1. Basic facts

A. From August 2012, the Plaintiff maintained a de facto marital relationship with C from around August 2012, and reported the marriage on August 25, 2015.

On January 10, 2016, the Plaintiff gave birth to the child C.

B. Around September 2015, the Defendant came to know with C, and even after October 2015, he knew that C had a spouse, he/she had a sexual intercourse with the Defendant several times with the awareness that C had a spouse. From January 2016, the Defendant had been living together with the Defendant for four months.

[Ground of recognition] A without any dispute, Gap evidence 1 through Gap evidence 11, Gap evidence 15 through Gap evidence 24, Gap evidence 31, purport of whole pleadings, and purport of whole pleadings

2. A third party in a board shall not interfere with a married couple's community life falling under the essence of marriage, such as interfering with a couple's community life by interfering with another person's community life;

In principle, a third party's act of infringing on or interfering with a marital life falling under the essence of marriage by committing an unlawful act with either side of the married couple and causing mental pain to the spouse by infringing on the rights of the spouse as the spouse.

(see Supreme Court en banc Decision 2011Meu2997, Nov. 20, 2014). According to the above facts of recognition, the Defendant, even though having knowledge of the fact that C is a father-child of the spouse, maintained an inappropriate relationship with C, thereby suffering mental pain to the Plaintiff.

Therefore, there is a duty to pay back mental suffering suffered by the plaintiff in money.

Furthermore, with regard to the amount of consolation money that the Defendant is liable, the amount shall be determined at KRW 15,00,000, considering various circumstances shown in the pleadings of the instant case, such as health team, the marriage period and family relationship between the Plaintiff and C, the time, period, and degree of fraudulent act committed by the Defendant and C, and the circumstances before and after the instant lawsuit.

Therefore, the defendant shall serve 15,00,000 won on the plaintiff and a copy of the complaint of this case as the plaintiff seeks.

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