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(영문) 의정부지방법원 2020.07.24 2019가단133219
손해배상(기)
Text

The defendant's KRW 15,00,000 for the plaintiff and its 5% per annum from December 14, 2019 to July 24, 2020, and the following.

Reasons

1.The following facts of recognition may be found either by a dispute between the parties or by a statement in Gap evidence of 1 to 4, 6 to 8, and 10 (including paper numbers):

On August 3, 2011, the Plaintiff and C have one minor child among husband and wife under the law, who has reported marriage on August 3, 201.

B. The Defendant knowingly performed unlawful acts, such as having sexual intercourse, from July 2019 to October 2019, with knowledge that C is a spouse.

2. Determination

A. According to the above facts finding that the defendant committed an unlawful act with C, and thereby infringing upon the plaintiff's and C's marital life or interfere with their maintenance and his/her spouse's right as his/her spouse, the defendant is liable to compensate the plaintiff for mental damage resulting therefrom in monetary injury.

(1) The court below held that the defendant's argument that the plaintiff and C have no sex relation, and rather, the plaintiff and C have to be denied the admissibility of evidence after the plaintiff and C have filed the lawsuit in this case using the video that they knew to the defendant. However, upon examining the above evidence, the defendant's argument that C is a spouse, even though he did not know that C is a spouse, it is recognized that the defendant continued to teach at least after being aware that C is a spouse, and the facts of sexual conduct can be recognized, and the rules of exclusion of illegally collected evidence under the Criminal Procedure Act cannot be seen as being applied to civil action, and thus the defendant's argument is rejected).

Considering the various circumstances shown in the pleadings of the instant case, such as the scope of liability for damages and the marriage period of the Plaintiff and C, the period, content, and degree of fraudulent act committed by the Defendant and C, and the influence of the fraudulent act on the marital life of the Plaintiff and C, it is reasonable to determine the amount of consolation money to be paid to the Plaintiff as KRW 15,00

C. Accordingly, the defendant is liable to the plaintiff for damages due to tort 15.

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