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(영문) 서울북부지방법원 2021.03.18 2020가단143592
손해배상(기)
Text

The defendant is 5% per annum from October 16, 2020 to March 18, 2021 to the plaintiff.

Reasons

1. Facts of recognition;

A. The plaintiff is a legal couple married to C on December 4, 2006, and has one child between C and C.

B. The Defendant became aware of C at a singing room on May 2019, and committed an unlawful act, such as having a sexual intercourse with C from around that time to September 2020.

[Grounds for recognition] Each entry of Gap evidence Nos. 1 through 5 (including branch numbers) and the purport of the whole pleading

2. Determination as to the cause of claim

(a) A third party 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 causing the failure of a couple’s community life, etc.;

In principle, a third party’s act of infringing on or interfering with the common life of the married couple falling under the essence of marriage by committing an unlawful act with the spouse, and infringing on the spouse’s right as the spouse, thereby causing mental distress to the spouse constitutes a tort (see Supreme Court Decision 2011Meu2997, Nov. 20, 2014, etc.). (b) According to the above facts of recognition, the defendant, even though he/she is aware that he/she is a spouse, infringed on the Plaintiff’s common life of the married couple by committing an unlawful act, thereby interfering with or interfering with the maintenance of the Plaintiff’s common life, and infringing on the Plaintiff’s right as the spouse, is liable to compensate for mental distress suffered by

B. If the plaintiff and C’s family relation, the reason why the defendant and C caused the fraudulent act, the period and details of the fraudulent act, the influence of such fraudulent act on the plaintiff’s couple’s communal living, and all other circumstances shown in the pleadings of this case, it is reasonable to determine the amount of consolation money that the defendant is liable to compensate the plaintiff as KRW 20,000,000.

(c)

Therefore, the defendant's duty of performance is established and scope from October 16, 2020, after the delivery of a copy of the complaint of this case sought by the plaintiff after the date of the defendant's illegal act to the plaintiff as compensation 20,000,000 won to the plaintiff.

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